§ 134-95. Appeal procedure; effect of appeal.

(a)

Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the county affected by any decision of the administrative officer. Such appeal shall be taken within 30 days from the date of the final decision of the administrative officer, by filing with the county clerk a notice of appeal specifying the jurisdictional grounds for appeal; the decision being appealed; the relief desired; the reason(s) why such relief should be granted and the documents relative to the issues raised in the appeal. The county clerk shall forthwith transmit to the administrative officer whose decision is being appealed and the members of the board of appeals the notice of appeal with all supporting documents received.

(b)

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of zoning appeals, after the notice of appeal is received by him/her, that by reason of facts of the case a stay would, in his/her opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board of zoning appeals or by a court of record on application, on notice to the administrative officer from whom the appeal is taken, and on due cause shown.

(c)

The board of zoning appeals shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof, as well as due notice to the parties in interest, and decide the matter within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The hearing procedures are set forth in the rules of procedure.

(Res. of 12-26-72, § X; Ord. of 12-11-90, § 3-28-9.12A; Ord. of 9-10-02; Amd. of 2-28-17)