§ 152.214. APPEALS.

(A) Filing. The appeal shall be filed with the Department within 30 days of the action that is being appealed and shall include specifically the order, requirement, decision, or determination which is being appealed, the requested remedy, and shall state the reasons for appeal. The Department shall prepare a report and refer the appeal to the County Board of Adjustment for a decision. The appeal shall be heard at a public hearing by the Board of Adjustment. The Board shall give due notice thereof to the appellant and the officer from whom the appeal is taken and to the public.

(B) Stay of action. The filing of an appeal stays all proceeding and furtherance of the action appealed from unless the Board of Adjustment to whom the appeal is taken certifies that by reason of the facts stated in the certificate the stay would cause imminent peril to life or property.

(C) Decision. The Board of Adjustment may reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and to that end shall have all of the powers of the officer from whom the appeal was taken and may direct issuance of the permit. The Board’s decision shall be by the adoption of an order. The order shall include the findings of fact supporting the Board’s decision. The Board shall not act on an appeal in such a fashion as to violate the comprehensive plan or violate any state or federal law or rule. The Board shall act in such time as required to comply with state law.

(Ord. 47, passed 7-23-02)