(A) Any person aggrieved or any taxpayer affected by any decision of the Zoning Administrator made in the administration of this chapter may appeal to the Board of Adjustment. These appeals may also be made by the Hutchinson City Council and the McLeod County Board, which is of the opinion that a decision of the Airport Zoning Compliance Administrator is an improper application of this chapter as it concerns that governing body or board.
(B) All appeals hereunder must be commenced within 30 days of the Airport Zoning Compliance Administrator’s decision, by filing with the Airport Zoning Compliance Administrator a notice of appeal specifying the grounds thereof. The Airport Zoning Compliance Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. In addition, any person aggrieved or any taxpayer affected by any decision of the Airport Zoning Compliance Administrator made in the administration of this chapter who desires to appeal that decision shall submit an application for a variance by certified mail to the members of the Board of Adjustment in the manner set forth in M.S. § 360.067(2), as it may be amended from time to time.
(C) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Airport Zoning Compliance Administrator 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 his or her opinion, cause imminent peril to life or property. In that case, proceedings shall not be stayed, except by order of the Board of Adjustment on notice to the Airport Zoning Compliance Administrator and on due cause shown.
(D) The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
(E) The Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make an order, requirement, decision or determination, as may be appropriate under the circumstances and, to that end, shall have all the powers of the Airport Zoning Compliance Administrator.
(2004 Code, § 151.62) (Ord. passed 1-12-1984; Ord. 20-819, passed 8-18-2020)