(A) Appeals to the Board concerning interpretation or administration of this chapter may be taken by any person aggrieved by or an officer or department of the city affected by any decision of the Zoning Administrator.
(B) An aggrieved person shall be construed to be one having a direct interest in the property affected, such as the owner, mortgagee or lessee.
(C) Applications for any matter to be considered by the Board shall be filed with the Zoning Administrator on forms furnished for the purpose within 30 days after the action appealed from and shall specify the grounds thereof.
(D) The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from is taken.
(E) (1) The appeal stays all proceedings in the matter appealed from, unless the Zoning Administrator certifies to the Board that, by reason of the facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property.
(2) In such case, proceedings shall not be stayed, except by a restraining order granted by the Board, or by a court of record on application and notice to the Zoning Administrator.
(F) The Board shall fix a reasonable time for hearing the appeal, and shall give notice of hearing by both publication in a newspaper of general circulation in accordance with and posting the notice in conspicuous places on the property affected.
(1) It shall not be the responsibility of the city to maintain the posting once erected.
(2) The applicant, the Zoning Administrator and the parties in interest shall receive notice of hearing.
(G) Any party may appear at the hearing in person or by agent or attorney.
(H) Parties in interest shall have the right to present their case by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination of witnesses as may be required for a full and true disclosure of the facts; provided that, the submission of documentary evidence shall not, by reason of its written form, prejudice the interest of any party.
(I) The Board shall, as a matter of policy, provide for the exclusion of irrelevant, immaterial or unduly repetitious evidence, and in furtherance of this policy, may limit cross-examination.
(J) A petition to the Board signed by persons not parties in interest to an appeal, as defined herein, shall not be considered documentary evidence and shall have no bearing on the Board’s decision, nor shall any person presenting such petition be considered the agent of its signers.
(Prior Code, § 12-9.05) (Ord. 747, passed - -1995)