(a) Filing. Appeals to the Board of Zoning Appeals may be taken by any person aggrieved or by an officer, department or bureau of the Municipality affected by any decision of the Zoning Officer or conditional use decision of the Planning Commission. Such appeal shall be taken within 30 days of the Zoning Officer or Planning Commission action, as prescribed by the Board by general rule, by filing with the Zoning Officer and with the Board a notice of appeal specifying the grounds thereof. The Zoning Officer shall forthwith transmit to the Board copies of all papers constituting the record upon which the action appealed from is taken.
(b) Proceedings stayed. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Officer certifies to the Board, after the notice of 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 or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application or notice to the Zoning Officer for good cause shown.
(c) Hearings; notice. The Board shall fix a reasonable time for the hearing of the appeal and give not less than 30 days public notice thereof in a newspaper of general circulation in the Municipality, as well as due notice to all property owners adjacent and across the street from the property in question, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. In cases involving structural additions to residential properties, the Board shall give not less than ten days nor more than 30 days public notice thereof in a newspaper of general circulation, as well as due notice to the parties of interest, including persons whose property faces the frontage or abuts other boundaries of the lot or parcel under appeal.
(d) Fee. The filing fee, as adopted by Municipal Ordinance, shall be paid to the Municipality at the time the notice of appeal is filed.
(Ord. 17-2013, passed 9-24-2013)