Any person, or any board, taxpayer, department or bureau of the city aggrieved by any order, requirement, decision or determination made by the administrative official and/or building inspector in the enforcement of this chapter may appeal such order, requirement, decision or determination to the zoning board of adjustment. The zoning board of adjustment may, by majority vote, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the administrative official from whom the appeal is taken.

(Ord. of 2-16-2010, § 800)

Any person, or any board, taxpayer, department, or bureau of the city aggrieved by any order, requirement, decision, or determination made by the zoning board of adjustment in the enforcement of this chapter may appeal such order, requirement decision, or determination to the mayor and board of aldermen. The mayor and board may, by majority vote, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have the power of the zoning board of appeal from whom the appeal is taken.

(Ord. of 2-16-2010, § 801)

Any person, or any board, taxpayer, department, or bureau of the city aggrieved by any order, requirement, decision, or determination made by the mayor and board in the enforcement of this chapter may appeal such order, requirement, or determination to the circuit court in accordance with the provisions of this chapter and state law.

(Ord. of 2-16-2010, § 802)

(a)

Appeals to the zoning board of adjustment or the mayor and board of aldermen shall be taken within a reasonable time, not to exceed 30 days, by filing with the administrative official and with the zoning board of adjustment or the mayor and board of aldermen, as the case may be, a written notice of appeal specifying the grounds thereof. The administrative official shall forthwith transmit to the board of adjustment or to the mayor and board of aldermen, as the case may be, all papers constituting the record upon which the action appealed from was taken.

(b)

The zoning board of adjustment or the mayor and board of aldermen, as the case may be, shall fix a reasonable time for the hearing of appeal, give at last 15 days' notice thereof in a newspaper of general circulation in the city specifying a time and place for said hearing, and decide the appeal within a reasonable time. At the hearing, any party may appeal in person or by agent or attorney.

(c)

Appeals to the circuit court shall be taken within ten days in accordance with the provision of state law.

(Ord. of 2-16-2010, § 803)

An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official certifies to the mayor and board of aldermen or zoning board of adjustment, as the case may be, after notice of the appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. Such case proceedings shall not be stayed other than by a restraining order which may be granted by the mayor and board of aldermen or by court of record on application, on notice to the administrative official from whom the appeal is taken on due cause shown.

(Ord. of 2-16-2010, § 804)

The appellant shall have the burden to present and adequately prove all necessary factors and matters in support of the appeal.

(Ord. of 2-16-2010, § 805)