(a) Scope of Appeals. An appeal may be taken to the Board of Zoning Appeals by any person, firm, or corporation, or by any office, department, board, or bureau aggrieved by a decision of the Enforcing Officer. Such an appeal shall be taken within 30 days after the decision of the action complained of, by filing with the Enforcing Officer a notice of appeal specifying the grounds thereof. The Enforcing Officer shall forthwith transmit to the Board all of the papers constituting a record upon which the action appealed from was taken.
(b) Findings on Appeals. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Enforcing Officer certifies to the Board, after the notice of the appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property, in which case the proceedings shall not be stayed unless otherwise by a restraining order which may be granted by the Board or by a court of record on application, on notice of the Enforcing Officer and on due cause shown.
The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties by one publication in the appropriate newspaper and also by mailing notice thereof to the parties in interest, said publication and mailing to be made at least 10 days prior to the date of hearing. The Board shall thereafter reach its decision within 90 days from the filing of the appeal. The Board may affirm or may reverse, wholly or in part, or modify the order, requirement, decision, or determination that, in its opinion, ought to be done--and to the end, shall have all the powers of the officer from whom the appeal is taken. The Enforcing Officer shall maintain records of all actions of the Board relative to appeals.
(c) Effect on Denial of A Conditional Use. No application for a conditional use, which has been denied wholly or in part by the Legislative Body shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission and the Legislative Body.
(d) Revocation. In any case where a conditional use has not been established (substantially underway) within one year after the date of granting thereof by the Planning Commission, the Planning Commission may recommend and the Legislative Body, after notice and public hearing, may repeal the Ordinance authorizing any such conditional use.