(A) Contempt; penalty.
(1) In case of contempt by a party, witness, or other person before the Board of Zoning Appeals, the Board may certify this fact to the Circuit Court of the county in which the contempt occurs.
(2) The judge of the court, in open court or in chambers, after hearing, may impose a penalty as authorized by law.
(B) Appeals.
(1) A person who may have a substantial interest in any decision of the Board of Zoning Appeals, or an officer or agent of the appropriate governing authority, may appeal from a decision of the Board to the Circuit Court in and for the county, by filing with the Clerk of Court a petition, in writing, setting forth plainly, fully, and distinctly why the decision is contrary to law.
(2) The appeal must be filed within 30 days after the decision of the Board is mailed.
(C) Notice of appeal; transcript, supersedeas.
(1) Upon the filing of the appeal, the Clerk of the Circuit Court shall give immediate notice of it to the Secretary of the Board and, within 30 days from the time of the notice, the Board shall file with the Clerk a certified copy of the proceedings held before the Board of Zoning Appeals, including a transcript of the evidence heard before it, if any, and the decision of the Board, including its findings of fact and conclusions.
(2) The filing of an appeal in the Circuit Court from a decision of the Board shall not ipso facto act as a supersedeas, but the judge of the Circuit Court may, at his or her discretion, grant a supersedeas upon such terms and conditions as may seem reasonable and proper.
(D) Determination of appeal; costs.
(1) At the next term of the Circuit Court or in chambers, upon ten days' notice to the parties, the presiding judge of the Circuit Court of the county shall proceed to hear and pass upon the appeal on the certified record of the Board proceedings.
(2) The findings of fact by the Board of Zoning Appeals shall be treated in the same manner as a finding of fact by a jury, and the court may not take additional evidence.
(3) In the event the judge determines that the certified record is insufficient for review, the matter may be remanded to the Board of Zoning Appeals for rehearing.
(4) In determining the questions presented by the appeal, the court shall determine only whether the decision of the Board is correct as a matter of law.
(5) In the event that the decision of the Board is reversed by the Circuit Court, the Board is charged with the costs, which must be paid by the governing authority that established the Board of Zoning Appeals.
(E) Appeals to Supreme Court. A party in interest who is aggrieved by the judgment rendered by the Circuit Court upon the appeal may appeal in the same manner as provided by law for appeals from other judgments of the Circuit Court in law cases.
(F) Financing. The governing authority may:
(1) Appropriate such monies, otherwise unappropriated, as it considers fit to finance the work of the Board of Zoning Appeals and to generally provide for the enforcement of any zoning regulations and restrictions authorized hereunder that are adopted; and
(2) Accept and expend grants of money for those purposes from either private or public sources, whether local, state or federal.
('81 Code, § 155.52) (Ord. passed 8-13-79; Am. Ord. 99012, passed 4-21-99; Am. Ord. 02024, passed 6-11-02; Am. Ord. 14047, passed 8-12-14)