ALBERT C. RITCHIE, GOVERNOR. 1083
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 property. In such case proceedings
shall not be stayed otherwise than by a restraining order which
may be granted by the Board of 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 or decision, or determination-
made by an administrative official in the enforcement of this
Act or of any ordinance 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, de-
cision, or determination appealed from and! may make such
order, requirement, decision or determination as should be
made, and to that end shall have all the powers of the officer
from whom the appeal is taken.
The concurring vote of four members of the board shall be
necessary to reverse any order, requirement, decision or de-
termination of any administrative official, or to decide in favor
of the applicant on any matter upon which it is required to
pass under any such ordinance, or to effect any variation in
such ordinance.
Any person or persons jointly or severally aggrieved by
any decision, of the Board of Zoning Appeals, or any tax-
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