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Session Laws, 1947
Volume 411, Page 1293   View pdf image (33K)
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WM. PRESTON LANE, JR., GOVERNOR. 1293

board or bureau of the municipality affected by any deci-
sion of the administrative officer. Such appeal shall be
taken within a reasonable time, as provided by the rules
of the Board, by filing with the officer from whom the
appeal is taken, and with the Board of Zoning Appeals
a notice of appeal specifying the grounds thereof. The
officer from whom the appeal is taken shall forthwith
transmit to the Board all the papers constituting the record
upon which the action appealed from was taken.

An appeal stays all 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 shall have 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 prop-
erty. In such case proceedings shall not be stayed other-
wise 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 officer from whom the
appeal is taken and on due cause shown.

The Board of Zoning Appeals shall fix a reasonable time
for the hearing of the appeal, give public notice thereof,
as well as 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.

The Board of Zoning Appeals shall have the following
powers:

1. To hear and decide appeals where it is alleged there
is error in any order, requirement, decision, or determina-
tion made by an administrative official in the enforcement
of this Act or of any ordinance adopted pursuant thereto.

2. To hear and decide special exceptions to the terms
of the ordinance upon which such Board is required to
pass under such ordinance.

3. To authorize upon appeal in specific cases such vari-
ance from the terms of the ordinance as is necessary to
avoid arbitrariness and so that the spirit of the ordinance
shall be observed and substantial justice done.

In exercising the above-mentioned powers such Board
may, in conformity with the provisions of this Act, reverse
or affirm, wholly or partly, or may modify the order,
requirement, decision, or determination appealed from
and may make such order, requirement, decision, or deter-
mination as ought to be made, and to that end shall have
all the powers of the officer from whom the appeal is taken.

 

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Session Laws, 1947
Volume 411, Page 1293   View pdf image (33K)
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