An appeal may be made to the Board of Zoning Appeals when it is alleged there is an error in any order, requirement or determination made by an Administrative Official, Board staff member in the enforcement of this chapter.
(A) Notice of appeal. An appeal shall be taken within ten days from the determination which is the subject of the complaint. This by filing with the Secretary of the Board, a notice of appeal specifying the grounds thereof. The body from the appeal is taken shall, upon receipt of notice, forthwith transmit to the Secretary of the Board, certified copies of all the papers constituting the record of the matter. Upon receipt of the record the Secretary shall set the matter for public hearing.
(B) Board of Zoning Appeals action. After public notice of the public hearing in accordance with § 153.244(A), the Board shall hold the public hearing. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement decision or determination appealed. Additionally, the Board may make such order, requirement decision or determination as needed. In doing so the Board shall have all the powers of the officer from whom the appeal is taken. The concurring vote of a majority of the entire membership of the Board shall be necessary to reverse any order, requirement, decision or determination.
(C) Stay of proceedings. An appeal stays all proceeding in furtherance of the action appealed from, unless the enforcing officer, from whom the appeal is taken, certifies to the Board of Zoning Appeals, after notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to life or property. In such case, proceeding shall hot be stayed other than by a restraining order which may be granted upon consideration and sufficient cause by the County Circuit Court.
(Ord. 12-16, passed 8-8-12)