Appeals to the Board of Zoning Appeals may be taken by any person, firm or corporation, or by any officer, board or department of the Municipality, deeming himself or itself to be adversely affected by the decision of the Zoning Inspector.
(a) Initiation of Appeal. Notice of appeal shall be filed with the secretary of the Board of Zoning Appeals within 30 calendar days after the date of any adverse order, requirement, decision, or determination, except when the 30th day falls on Saturday, Sunday, or a holiday, then the 30th day shall be deemed to be the next day of business thereafter. Such written notice of appeal shall specify therein the grounds and reasons for the appeal. Upon the filing of any such appeal, the secretary shall forthwith notify the Zoning Inspector of the action so appealed. Within 24 hours the Zoning Inspector shall transmit to the secretary all data pertaining to the subject matter upon which the action so appealed was taken.
(b) Public Hearing by the Board. When a notice of appeal has been filed in proper form with the Board of Zoning Appeals, the Clerk of Council shall immediately place the request upon the calendar for hearing, and shall cause notices stating the time, place, and object of the hearing to be served personally or by mail, addressed to the parties making the request for appeal, variances, or exception at least five days prior to the date of the scheduled hearing. All notices shall be sent to addresses given in the application; otherwise to the addresses given in the last assessment roll. Not less than 14 days prior to the date set for such hearing or appeal, written notice of such hearing shall be caused by the Board to be given by mail to any person, firm, or corporation owning premises located within 200 feet of the land to which such appeal or application relates. The Board may recess such hearings from time to time, and, if the time and place of the continued hearing be publicly announced at the time of adjournment, no further notice shall be required. Any person in interest may appear at the public hearing in person or by attorney. The appellant, except the Municipality, shall post security for the cost of all action required for the hearing of the appeal.
(c) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector shall certify to the Board of Zoning Appeals after the notice of the appeal has been filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by the Board of Zoning Appeals or by a court having lawful jurisdiction.
(d) Decision of the Board. Within its powers, the Board of Zoning Appeals may reverse or affirm, wholly or in part, or modify to be done, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of a certificate. The Board shall render a decision on the appeal without unreasonable delay. If the Board fails to act within 90 days from the date the appeal was received by the Board, or an extended period of time as may be agreed upon, the appellant may assume the appeal has been denied.
(e) Notification of Board's Decision. The secretary of the Board shall notify the appellant in writing of the decision of the Board. The Board shall keep minutes of all proceedings upon appeal, showing the vote of each member thereon, and shall keep records of its official actions.
(Ord. 3-95. Passed 1-17-95.)