§ 82-53. Appeals.

(a)

Scope of appeal. An appeal may be taken to the planning and zoning commission by any person, firm, corporation or office, department, board or bureau affected by a decision of the zoning officer. Such appeals shall be taken within 45 days of the action complained of, and shall be taken by filing with the zoning officer a notice of appeals, specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary. Such appeal shall be taken upon forms provided by the planning and zoning commission. The zoning officer shall forthwith transmit to the planning and zoning commission all of the papers constituting the record upon which the action appealed was taken.

(b)

Hearing of appeals. The planning and zoning commission shall fix a reasonable time and place for the hearing of appeals and shall give notice thereof to the person appealing and to the office from whom the appeal is taken. It shall hear and decide the appeal within a reasonable time. At the hearing, parties of interest may appear in person or by agent or attorney to testify. After receiving testimony, the planning and zoning commission shall make findings and submit the findings to the board of trustees who will ultimately decide the issue at hand.

(c)

Stay of proceedings. The appeal shall stay all proceedings and furtherance of the action appealed from, unless the zoning officer certifies to the planning and zoning commission, after notice of appeals has been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such a case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the planning and zoning commission or by court of record on application, with notice to the officer from whom the appeal is taken, and all due causes shown.

(Code 1974, § 22-57; Ord. No. 2011-8, § 4, 6-21-2011)