(a) Scope of Appeals. An appeal may be taken to the Zoning Board of Appeals by any person, firm, or corporation or by any office, department, board, or bureau aggrieved by a decision of the Building Inspector.
An appeal from any decision or action of the Building Inspector shall be taken not later than thirty days after the start of construction or alterations or a change in use authorized by any permit or certificate issued by the Building Inspector, or within 30 days after the decision or the action complained of, by filing with the Building Inspector and the Board a notice of appeal specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Board all of the papers constituting a record upon which the action appealed from was taken.
An appeal from a decision or action of the Planning Commission pertaining to site-plan review shall be taken within thirty days after the decision or action complained of, by filing with the Planning Commission and the Zoning Board of Appeals a notice specifying the grounds thereof.
Decisions or actions of the Building Inspector to deny issuance of building permits or certificates of occupancy based on denial of special land use approval by the Planning Commission shall be subject to appeal.
(b) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector certifies to the Board, after the notice of the appeal has been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life and property, in which case the proceedings shall not be stayed unless otherwise by a court of record on application, on notice of the Building Inspector and on due cause shown.
(c) Public Hearing. The Zoning Board of Appeals shall hold a public hearing on all appeals. The Board shall fix a reasonable time for the hearing of the appeal and give due notice thereof to any persons to whom any real property within 300 feet of the premises in question shall be assessed, and to the occupants of single- and two-family dwellings within 300 feet. Such notice shall be delivered personally or by mail addressed to the respective owners at the address given in the last assessment roll. If a tenant's name is not known, the term “occupant” may be used.
(d) Decisions of the Zoning Board of Appeals. The Zoning Board of Appeals shall thereafter reach its decision within ninety days from the date of the public hearing on the appeal. The decision of the board shall not become final until the expiration of five days from the date of the entry of such order unless the Board shall find the immediate effect of such order is necessary for the preservation of property or personal rights and shall so certify on the record.
(e) Disposition of Appeals. The Zoning Board of Appeals may affirm or may reverse, wholly or in part, or modify the order, requirement, decision, or determination of the Building Inspector or the Planning Commission as specified in Section 2421.06(a). To that end, the Board shall have all the powers of the Building Inspector or Planning Commission from whom the appeal is taken. The Building Inspector shall maintain records of all actions of the Board relative to appeals.
(Ord. 106. Passed 12-9-81.)