Aggrieved parties
An appeal to the zoning board of review from a decision of any other zoning enforcement agency or officer may be taken by an aggrieved party subject to the following:
- A. When the appeal is taken by a party aggrieved from an affirmative action of the inspector of buildings such as the issuance of a building permit or certificate of occupancy, said appeal shall be filed within twenty (20) days of the date when the aggrieved party became aware or could reasonably be expected to have been aware of the action.
- B. When the appeal is taken by a party denied affirmative action by the inspector of buildings, said appeal shall be taken within a reasonable period of time, specifying the grounds thereof.
The officer or agency from whom the appeal is taken shall forthwith transmit to the zoning board of review all the papers constituting the record upon which the action appealed from was taken. Notice of the appeal shall also be transmitted to the planning commission.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal shall have been filed that by reason of facts stated in his or her certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by restraining order which may be granted or by a court of competent jurisdiction on application therefor and upon notice to the officer from whom the appeal is taken and on due cause shown.
- C. In exercising all of its above mentioned powers, the board may in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed as ought to be made and to that end shall have all the power of the officer from whom the appeal is taken.
- D. All appeals to the zoning board of review made pursuant to Chapter 17.112 or Section 17.116.030 shall follow the same procedural requirements as for the public hearing of the board including those provisions contained in Sections 17.108.070 through 17.108.100 and Section 17.108.160 of this title.
(Prior code § 30-48)