§ 27-217. Appeal of administrative decisions.

(a)

Process. Appeals to the board of zoning appeals may be taken by any person aggrieved, or by any officer of the unified government or any governmental agency or body affected by any decision of the director of planning or the building official. Such appeal shall be taken within 30 days of the final decision by filing with the director of planning and a notice of appeal specifying the grounds thereof and the payment of the fee required therefore. The director of planning shall transmit to the board all the papers constituting the record upon which the action appealed from is taken. This shall be done in advance of the next regularly scheduled meeting that is more than 30 days from the date of the appeal.

(b)

Stay. An appeal stays all proceedings, including processing of applications, in furtherance of action appealed from unless the building official certifies to the board, after the notice of appeal has been filed, that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record, on application or notice to the director of planning and on due cause shown.

(c)

Hearing. The board shall fix a reasonable time for the hearing of the appeal or any other matter referred to it. Except in emergency cases as noted in this section, notice of the time, place and subject of such hearing shall be published once in the official unified government newspaper at least 20 days prior to the date fixed for the hearing. A copy of the notice shall be mailed to each party to the appeal, all property owners within 200 feet of the subject property, and to the planning commission chairman. Upon the hearing, any party may appear in person or by agent or by attorney.

(d)

Action. In exercising its powers, the board, in conformity with the provisions of law, may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination, and to that end, shall have all powers of the director of planning and the building official, may attach appropriate conditions, and may issue or direct the issuance or revocation of a permit.

(Code 1988, § 27-282; Ord. No. O-27-05, § 1, 3-24-2005)