§ 10.803. Appeals; how taken.

An appeal to the zoning board of appeals based in whole or in part on the provisions of this Ordinance may be taken by any person, firm or corporation aggrieved or by any governmental officer, department, board or bureau affected by the decision of the building inspector. Such appeal shall be taken by filing a notice of appeal with the board of zoning appeals on appropriate forms provided by the building inspector, payment of the required fee, and shall specify the grounds for such appeal. The building inspector shall transmit all papers constituting the records of such appeal to the board. The board may require the applicant to furnish such surveys, plans or other information as may be reasonably required for the proper consideration of the matter. Upon a hearing before the board, any person or party may appear in person, or by agent, or by attorney.

The board of appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to all persons to whom any real property within 500 feet of the premises in question shall be assessed, and to the occupants of all single-and two-family dwellings within 500 feet of the subject property; such notice to be delivered personally or by mail, and decide on the same within a reasonable time. Provided, further, however, that notice of such hearing together with a short resume of the petition coming before the board shall be published at least ten days prior to such hearing in a newspaper qualified to accept legal publications and of general circulation in the city. The board may reverse or affirm wholly or partly or may modify the order, requirement, decision or determination as, in its opinion, ought to be made in the premises and, to that end, shall have all the powers of the officer from whom the appeal is taken. The concurring decision of a majority of the members of the board shall be necessary to reverse an order, requirement, decision or determination of an administrative officer or body, or to decide in favor of the applicant a matter upon which they are required to pass under an ordinance, or to effect a variation in an ordinance. An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector certifies to the board of zoning appeals after notice of appeal shall have been filed with him that by reason of facts stated in the certificates a stay would cause imminent peril to life and property, in which case the proceedings shall not be stayed otherwise than by a restraining order which shall be granted by the zoning board of appeals or by the Circuit Court on application, on notice of the building inspector and on due cause shown.

(Ord. No. 256, § 1, 2-22-65; Ord. No. 659, § 3, 10-13-80; Ord. No. 686, § 1, 4-12-82)