(a) Any person aggrieved, or taxpayer affected, by any decision of an administrative agency made in its administration of airport zoning regulations adopted under this division, or any governing body of a political subdivision, or any joint airport zoning board, which is of the opinion that a decision of such administrative agency is an improper application of airport zoning regulations of concern to such governing body or board, may appeal to the board of adjustment authorized to hear and decide appeals from the decisions of such administrative agency.
(b) All appeals taken under this section must be taken within a reasonable time, as provided by the rules of the board of adjustment, by filing with the administrative agency and with the board of adjustment a notice of appeal specifying the grounds thereof. The administrative agency shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.
(c) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative agency certifies to the board of adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by order of the board of adjustment on notice to the administrative agency and on due cause shown.
(d) The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon hearing, any party may appeal in person or by agent or by attorney.
(e) The board of adjustment may, in conformity with the provisions of this division, reverse or affirm, wholly or partly, or modify, the order, requirement decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the administrative agency.
(f) The board of adjustment shall make written findings of fact and conclusions of law, giving the facts upon which it acted and its legal conclusions from such facts in reversing or affirming, or modifying any order, requirement, decision or determination which comes before it under the provisions of this division.
(g) The concurring vote of four members of the board of adjustment shall be necessary to reverse or modify any order, requirement, decision or determination of the administrative agency or to decide in favor of the applicant concerning any matter upon which it is required to pass under the provisions of this division or to effect any variation in the application of the provisions of this division.
(Ord. 101, § XV, passed 7-22-1974)