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Sec. 44-44. Appeals |
| (a) |
Application of interpretation power. An
appeal from an order, requirement, decision,
or determination of the zoning administrator
shall be decided by the board of adjustment,
based upon its findings of fact and to
achieve the intent of this chapter. In
exercising this power, the board shall
act in a prudent manner so that the purposes
of this chapter shall be served. The effect
of the decision shall not be to vary the
terms of this chapter nor add to the list
of permitted or permissible uses in the
districts.
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| (b) |
Stay of further proceedings. An appeal to
the board of adjustment from a decision or
determination by the zoning administrator
stays all enforcement proceedings in furtherance
of the decision or determination appealed
from, except as provided in subsection (c)
of this section. |
| (c) |
Exceptions to stay of action. Exceptions
to a stay of action under subsection (b)
of this section are as follows: |
| |
| (1) |
An
appeal to the board of adjustment of
a determination or decision of the
zoning administrator shall not stay
enforcement proceedings in furtherance
of the decision or determination appealed
from, if the zoning administrator certifies
either that: |
|
a. |
A
stay would cause imminent peril to
life or property; or |
|
b. |
The situation appealed from is transitory
in nature, and, therefore, an appeal
would seriously interfere with enforcement
of this chapter. |
| (2) |
In
each instance, the zoning administrator
shall place in the certificate facts
to support the conclusion. |
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(d) |
Appeals of board actions. Every decision
of the board of adjustment shall be subject
to review at the instance of any aggrieved
party by the superior court by proceedings
in the nature of certiorari. The appeal to
superior court must be filed within 30 days
of the filing by the secretary of the board
of the decision in the office of the zoning
administrator or the delivery by the zoning
administrator of notice, whichever is later. |
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(e) |
Effect of denial on ruling on subsequent
applications or appeals. When the board of
adjustment shall have denied an application
or appeal or has ruled on an interpretation
or the appeal or application shall have been
withdrawn after the first notice of the public
hearing thereon, the zoning administrator
shall not accept another application or appeal
affecting the same property or issue until
the expiration of a one-year period, extending
from the date of board of adjustment action
or withdrawal, as appropriate. |
(Code 1995, § 515.264) |