§ 7. Appeals.  


Latest version.
  • (1)

    Any person aggrieved, or taxpayer affected by any decision of the city engineer made in his administration of this ordinance, or the city council, when it is of the opinion that a decision of the city engineer is an improper application of airport zoning regulations of concern to the council, may appeal to the board of adjustment authorized to hear and decide appeals from the decision of the city engineer.

    (2)

    All appeals taken under this section must be taken within a reasonable time, as provided by the rules of the board, a notice of appeal specifying the grounds thereof. The board of adjustment from which the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

    (3)

    An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer or board from which the appeal is taken certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases proceedings shall not be stayed otherwise than by order of the board on notice to the officer or board from which the appeal is taken and on due cause shown.

    (4)

    The board shall fix a reasonable time for the hearing of appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

    (5)

    The board may in conformity with the provisions of state law reverse or affirm wholly or partly, or modify, the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer or board from which the appeal is taken.