§ 122-371. Appeals.

(a)

Questions first go to administrative official. All questions concerning administrative decisions under this chapter shall first be presented to the applicable city official or agency. Such questions shall be presented to the zoning board of appeals only on appeal from the decisions of the applicable city official or agency.

(b)

Filing appeal. Appeals may be commenced by a person aggrieved by the decision of any officer, department, board, agency, or bureau of the City, county, state, or federal governments by filing a notice of appeal with the city planner's office. The notice of appeal shall be signed, shall specify the requirement or decision from which the appeal is made, and shall state the specific grounds on which the appeal is based. The applicable fee shall be submitted with the notice of appeal; such fee shall be nonrefundable. Appeals shall be filed within 60 days of the decision in question.

(c)

Stay of action. An appeal stays all proceedings in the furtherance of the action appealed from unless the building department certifies to the zoning board of appeals after the notice is filed that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the zoning board of appeals or by circuit court, following written request, notice to the officer or body from whom the appeal is taken, and due cause shown.

(d)

Power to subpoena. The zoning board of appeals shall have the power to subpoena witnesses; administer oaths; compel testimony; and require the production of reports, papers, files, and other evidence pertinent to the matters before it.

(e)

Decisions regarding appeals. The zoning board of appeals may, 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 from which an appeal is sought. To that end, the zoning board of appeals shall have the powers of the public official or body from whom the appeal is taken.