(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 by a notice or order issued pursuant to this chapter.
(2) Fee. A fee as established by resolution of the city council shall be paid before an appeal shall be considered filed.
(3) Acceptance. The zoning official 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) Hearing.
(1) When a letter of appeal has been accepted by the zoning official, a hearing shall be scheduled at the next regularly scheduled meeting or, at the discretion of the zoning official, at a special meeting of the 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.
(c) Action on appeal. The 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 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 58-89(a) stays all proceedings relative to the order, requirement, decision, or determination appealed unless the zoning official certifies to the 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. 159, 9-17-2007)