(A) Appeals from the enforcement and interpretation of this chapter and appeals for variances may be taken to the Board of Adjustment by any person aggrieved by a decision of any officer, department, board or bureau of the county. Notice of an appeal to the Board of Adjustment shall be filed with the Enforcement Officer within 30 from receipt of the written notice of the interpretation and enforcement of this chapter by the Zoning Enforcement Officer. Any other person with standing to appeal has 30 days from receipt from any source of actual or constructive notice of the determination within which to file an appeal. In the absence of evidence to the contrary, notice given pursuant to this section by first-class mail is deemed received on the third business day following deposit of the notice for mailing with the United States Postal Service.
(B) An appeal stays all proceedings in furtherance of action appealed from, unless the Enforcement Officer files a certificate stating that by reasons of facts stated in the certificate a stay would, in his opinion, interfere with enforcement of this chapter because the violation is transitory in nature, or would cause imminent peril to life and property. The Enforcement Officer shall have one copy of said certificate delivered by registered mail or by personal service to the appellant and to each member to the Board within ten calendar days from the date the appeal is filed with the Enforcement Officer. The certificate shall also be placed on file in the office of the Enforcement Officer for public inspection and recorded in the minutes of the next meeting of the Board. Where said certificate is filed by the Enforcement Officer, proceedings in furtherance of the original order shall not be stayed otherwise than a restraining order which may be granted by a court of record within the county. If enforcement proceedings are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the Board shall meet to hear the appeal within 15 days after the request is filed.
(C) Notwithstanding any other provision of this section, appeals of decisions granting a development approval or otherwise affirming that a proposed use of property is consistent with the development regulation does not stay the further review of an application for development approvals to use the property; in these situations, the appellant or local government may request and the Board may grant a stay of a final decision of development approval applications, including building permits affected by the issue being appealed.
(Ord. passed 6-21-2021)