A. The Board shall hear and decide appeals from and may review any order, requirement, decision or determination made by the Zoning Administrator. An appeal to the Board may be taken from any decision or action of the Zoning Administrator by any person aggrieved by such decision or action. Such appeal shall be taken within forty-five (45) days of the decision or action complained of by filing, with the Zoning Administrator and with the Board, a notice of appeal specifying the grounds of appeal. The Zoning Administrator shall transmit to the Board all the papers constituting the record upon which was based the decision or action appealed from.
1. An appeal shall stay all proceedings in furtherance of the decision or action appealed from, unless the Zoning Administrator certifies to the Board, after the notice of appeal has been filed, that by reason of the facts stated a stay would, in the Zoning Administrator's opinion, cause imminent peril to life or property. In such event the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a circuit court on application and on notice to the Zoning Administrator, and on due cause shown.
2. The Board shall fix a reasonable time for the hearing of the appeal and give due notice to the person taking the appeal and decide the appeal within a reasonable time. Any party may appear at the hearing in person, by agent or by attorney.
3. The Board, in its discretion and based on the record made before it, may reverse or affirm in whole or in part, or may modify the Zoning Administrator's order, requirement, decision or determination, and, for purposes of this paragraph, the Board shall have and may exercise all of the powers of the Zoning Administrator as to the subject matter of the appeal.
4. The Board's final decision shall be in writing and shall set forth the reasoning and factual basis for its decision. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator.
B. Review Under Administrative Review Act. All final administrative decisions of the Board under this section shall be subject to judicial review pursuant to the provisions of the state "Administrative Review Act" approved May 8, 1945, and all amendments pursuant to such Act.
(Prior code § 22.16 (part))
(MC-6-2005, Amended, 09/20/2005)