Any person who disagrees with the decision of the Zoning Officer pertaining to this title may appeal to the Zoning Board of Appeals. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the decision, as in its opinion ought to be made on the premises. To this end, the Zoning Board of Appeals shall have all the powers of the Zoning Officer.
A. Application: An appeal shall be taken within twenty (20) days of the decision, as provided by the rules of the Zoning Board of Appeals, by filing with the Zoning Officer a notice of appeal specifying the grounds for appeal.
B. Processing:
1. The Zoning Officer shall promptly forward a copy of the appeal to the Zoning Board of Appeals.
2. The Zoning Officer shall schedule a public hearing by the Zoning Board of Appeals, to be held within ninety (90) days of receipt of the application.
C. Public Hearing: The Zoning Board of Appeals shall conduct a public hearing on the appeal in accordance with section 8-14-2-6, "Public Hearings", of this chapter.
D. Decision Of The Zoning Board Of Appeals: After closure of the public hearing, the Zoning Board of Appeals shall approve or deny the appeal by a concurring vote of three (3) or more of its members.
E. Effect Of Appeal: An appeal stops all proceedings and enforcement activities. However, the Zoning Officer may certify to the Zoning Board of Appeals (or court of record, as appropriate) that nonenforcement would cause imminent peril to life or property. In such case, the Zoning Board of Appeals (or court of record) may refuse to stop the enforcement proceedings.
F. Decision: The Zoning Board of Appeals may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination involved in the appeal. (Ord. 10-001, 1-12-2010)