(a) Letter of appeal. Except as otherwise provided by rule of the board of appeals, a letter of appeal shall be filed with the zoning official within ten days after the action causing the complaint. The appeal shall state the order or interpretation appealed from, specify the grounds for the appeal and specify the basis for standing to appeal.
(1) Standing to appeal. An appeal may be taken by a person aggrieved or by an officer, department, board, or bureau of the city.
(2) Record of action. Upon receipt of a letter of appeal, the zoning official shall immediately transmit to the secretary of the zoning board of appeals the letter of appeal and all documents constituting the record of the action upon which the appeal is based.
(3) Fee. A fee as established by resolution of the city council shall be paid before an appeal shall be considered filed.
(4) Acceptance. The secretary of the zoning board of appeals shall determine, pursuant to this chapter, if a letter of appeal is accepted as being filed in proper form, including the required data and fee. If the letter of appeal is not accepted as being in proper form, the letter of appeal and fee shall be returned by first class mail or hand delivery to the appellant within seven days of filing with the zoning official along with a written explanation of the insufficiency of the letter of appeal.
(b) Public hearing.
(1) When a letter of appeal has been accepted by the secretary of the zoning board of appeals, a public hearing shall be scheduled at the next regularly scheduled meeting or, at the discretion of the secretary, at a special meeting of the zoning board of appeals. Unless otherwise provided by rule of the board of appeals, the scheduled date of the hearing shall be no more than 45 days from acceptance of the appeal.
(2) Notice of the hearing shall be given pursuant to section 94-101 of this chapter.
(c) Action on appeal. The zoning board of appeals may affirm, reverse wholly or partly, or modify the order, requirement, decision, or determination appealed. When action is taken to modify said order or interpretation, the board shall, to that end, have all of the powers of the zoning official.
(d) Majority vote. The concurring vote of a majority of the members appointed to and serving on the zoning board of appeals shall be necessary to reverse any order, decision, or determination of the zoning official.
(e) Stay of proceedings. An appeal accepted pursuant to subsection 94-364(a) stays all proceedings relative to the order, requirement, decision, or determination appealed unless the zoning official certifies to the zoning board of appeals that a stay would cause imminent peril to life or property. Said certificate of imminent peril shall state by reasons of fact why proceedings shall not be stayed. Upon certification by the zoning official, proceedings shall not be stayed except by a restraining order issued by the board or by the circuit court.
(Ord. No. 152, 5-1-2006)