(A) Any person aggrieved or any taxpayer affected by any decision of the administrative agency made in the administration of this subchapter may appeal to the Board of Adjustment. The same right of appeal is extended to the governing body of a political subdivision or a joint airport zoning board, if they are of the opinion that a decision of the administrative agency is an improper application of these regulations.
(B) All appeals hereunder must be taken within a reasonable time as provided by the rules of the Board of Adjustment by filing a notice of appeal with the administrative agency specifying the grounds for the appeal. The administrative agency shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed was taken.
(C) An appeal shall stay all proceedings in furtherance of the action appealed unless the administrative agency 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 the opinion of the administrative agency, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the Board of Adjustment on notice to the administrative agency 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, by agent and/or by attorney.
(E) The Board of Adjustment may reverse or affirm, in whole or in part, or modify the administrative agency’s order, requirement, decision or determination from which an appeal is taken and make the correct order, requirement, decision or determination, and for this purpose the Board of Adjustment has the same authority as the administrative agency.
(Ord. 2000-18, passed 9-18-00)