(A) Appeal eligibility. Any person aggrieved or any officer, department, board or bureau of the jurisdiction may make an appeal.
(1) Appeals shall be made within the time prescribed by the Board of Adjustment by general rule, by filing with the officer from whom the appeal is taken and with the Board a notice of appeal, specifying the grounds thereof.
(2) The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record from which the action was taken.
(B) Effect of appeal. An appeal stays all proceeding in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board, after notice of appeal has been filed with him or her, that because of facts stated in the certificate, a stay would, in the officer’s opinion, cause imminent peril to life or property, or that, because the violation charged is transitory in nature, a stay would seriously interfere with enforcement of this chapter.
(C) Effect of certification. If certification occurs in accordance with division (B) of this section, the proceeding may not be stayed except by a restraining order, which may be granted by a court of competent jurisdiction. Notice of the restraining order shall be given in writing to the officer from whom the appeal is taken.
(D) Notice of hearing. The Board shall fix a reasonable time for hearing the appeal, give due notice of the appeal to the parties, and decide the appeal within a reasonable time.
(E) Action of Board. The Board may reverse or affirm, in whole or in part, or may modify the order, requirement, decision, or determination or interpretation appealed from, and shall make any order, requirement, decision, determination or interpretation that in the Board’s opinion ought to be made under the circumstances.
(F) Conditions rehearing. The Board shall not be required to hear an appeal or application previously denied if it finds that there has been no substantial change in conditions or circumstances bearing on the appeal or application.
(Ord. 3 § 7.4.7, passed 9-14-1998)