§ 28-244. Applications, appeals, hearings and stay of proceedings.

(a)

Application. An appeal to the zoning board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the city aggrieved by any decision of the zoning official. Such appeal shall be taken within ten (10) days after the decision, by filing with the zoning official and the board of appeals a notice of appeal specifying the grounds thereof. The zoning official shall transmit the appeal with the appealing party's payment to the city clerk.

(b)

Hearings. The board of appeals shall fix a reasonable time for the hearing of the application or appeal and give as required under section 28-8. At the hearing any party may appear in person or by agent or by attorney.

(c)

Adjournment of hearings. On the day of the hearing of any appeal, the board may adjourn the hearing in order to permit the obtaining of additional information, or to cause such further notice as it deems proper to be served upon such other property owners or occupants as it decides may be substantially interested in such application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing, unless the board so decides.

(d)

Decisions of the board. The board shall decide all appeals within thirty (30) days after the final hearing thereon.

(1)

A certified copy of the board's decision shall be transmitted to the appellant and to the zoning inspector. Such decision shall be binding upon the zoning inspector and shall be incorporated into the terms and conditions of the same in the permit to the appellant, whenever a permit is authorized by the board.

(2)

A decision of the board shall not become final until the expiration of five (5) days from the date such decision is made, unless the board shall find the immediate effect of such decision is necessary for the preservation of property or personal rights and so certifies on the record.

(3)

The board may attach any condition to its approval that it finds necessary to accomplish the reasonable application of the standards in section 28-238.

(e)

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order which may, on due cause shown, be granted by the board of appeals on application, after notice to the zoning inspector, or by judicial proceedings.

(f)

Review by circuit court. Any party aggrieved by any order, determination or decision of any officer, agency, board, commission, or board of appeals may obtain a review thereof both on the facts and law, in the circuit court for the county wherein the subject property or some part thereof is located; provided that the application must be made to the court within thirty (30) days after delivery of a copy of such order, determination or decision by any method permissible under the rules and practices of the circuit courts of this state. On such review, the courts shall have jurisdiction to make such further orders in respect thereto as justice may require.

(Code 1977, § 5.288; Ord. No. 2011.15, § 6, 8-16-11)