(A) Scope of appeal. An appeal may be taken to the Board of Adjustment by any person or office, department, board or bureau affected by a decision of the office of the Zoning Administrator. The appeal shall specify the grounds thereof and shall be filed within such time and in such form as may be prescribed by the Board by general rule. The Zoning Administrator, upon request of the Board of Adjustment, transmit to it all documents, plans and papers constituting the record of the action from which an appeal was taken.
(B) Hearing of appeal. The Board may require the party taking the appeal to assume the cost of public notice and due notice to interested parties. At the hearing, any party may appear in person, by agent or by attorney.
(C) Staying of work on premises. When an appeal from the decision of the zoning administrator has been taken and filed with the Board of Adjustment, all proceedings and work on the premises concerning which the decision was made shall be stayed unless the Zoning Administrator shall certify to the Board that, by reasons of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case a proceeding or work shall not be stayed, except by a restraining order which may be granted by the Board of Adjustment or by the district court of the county, on application, on notice to the Zoning Administrator and the owner of the premises affected and on due cause shown. After the owner, or owner’s agents, or persons or a corporation in charge of the work on the premises affected have received notice that an appeal has been filed with the Board of Adjustment, the Zoning Administrator shall have full power to order such work discontinued or stayed and to call upon the police power of the city to give full force and effect to the order.
(D) Decision on appeal. In exercising its powers, the Board of Adjustment may, upon the concurring vote of a majority of its members, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from as in its opinion ought to be done in the premises and, to that end, shall have all the powers of the Zoning Administrator.
(2011 Code, § 34.0505) (Ord. 2373, passed 4-20-2020)