(a) General. An appeal to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer, department, board or bureaus of the city affected, where it is alleged, there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Code.
(b) Notice of Appeal. An appeal be made by filing an Application for Appeal within thirty (30) days from action by the City Planner or designee or by any other officer, department, board acting under the authority of this Zoning Ordinance. The application for an appeal shall include the same information for a variance application in Section 1157.05
(b). Upon the receipt of the Application for Appeal, the City Planner or designee, shall forthwith transmit to the Clerk of the Board of Zoning Appeals, certified copies of all the papers constituting the record of said matter. Upon receipt of the record, the Clerk of the Board of Zoning Appeals shall set the matter for public hearing within thirty (30) days of the filing of the filing of the application for an appeal. Notice of said hearing shall follow the same requirements in Section 1157.05
(d).
(c) Board of Zoning Appeals Action. At the conclusion of the public hearing the Board may reverse or affirm, wholly or partly, or may 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 officer from whom the appeal is taken. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of an administrative official enforcing this Code.
(d) Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the Board of Zoning Appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such a case, proceedings shall not be stayed other than by a restraining order granted by the Board on due and sufficient cause shown.
(Ord. 15-23. Passed 8-14-23.)