§ 5-48. Appeals.

(a)

Any person, including the state department of aeronautics and the Federal Aviation Administration, aggrieved by any decision of the airport zoning board made in its administration of this article, or any governing body of a political subdivision, if of the opinion that a decision of the airport zoning board is an improper application of these regulations of concern to such governing body, may appeal to the board of appeals.

(b)

All appeals under this article must be taken within a reasonable time, as provided by the rules of the board, by filing with the agency from which the appeal is taken and with the board a notice of appeal specifying the ground thereof. The airport zoning board shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(c)

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the airport zoning board certifies to the board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by order of the board and on due cause shown.

(d)

The board shall fix a reasonable time for hearing of appeals, give public notice and 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.

(e)

The board may, in conformity with the provisions of this article, reverse or affirm, wholly or partly, or 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 all the powers of the airport zoning board.

(Code 1969, § 5-10; Ord. No. O88-71, Exh. A, 6-21-88)