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Session Laws, 1927
Volume 569, Page 1611   View pdf image (33K)
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ALBERT C. RITCHIE, GOVERNOR. 1611

Appeals to the Board of Zoning Appeals may be taken by
any person aggrieved or by any officer, department, board or
bureau of the municipality affected by any decision 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 the whom the appeal is
taken certifies to the Board of Zoning Appeals after the no-
tice 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 property. In such case pro-
ceedings shall not be stayed otherwise 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 fhere
is error in any order, requirement, decision, or determination
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.

 

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Session Laws, 1927
Volume 569, Page 1611   View pdf image (33K)
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