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Session Laws, 1945
Volume 589, Page 947   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR, 947

nesses. All meetings of the board shall be open to the
public. The board shall keep minutes of its proceedings,
showing the vote of each member upon each question, or,
if absent or failing to vote, indicating such fact, and shall
keep records of its examinations and other official actions,
all of which shall be immediately filed in the office of the
board and shall be a public record.

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 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 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 Ms 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 Zoning Appeals or by a court of record on appli-
cation, 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 there-
of, 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.

 

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Session Laws, 1945
Volume 589, Page 947   View pdf image (33K)
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