28-8474. Board of adjustment; appeals

A. A person who is aggrieved or a taxpayer who is affected by a decision of an administrative agency made in the administration of airport zoning regulations adopted under this article, or a governing body of a political subdivision or a joint airport zoning board that is of the opinion that a decision of the administrative agency is an improper application of airport zoning regulations, may appeal to the board of adjustment authorized to hear and decide appeals from the decisions of the administrative agency.

B. An appeal taken under this section shall be taken within a reasonable time as provided by the rules of the board and by filing a notice of appeal specifying the grounds of the appeal with the agency from which the appeal is taken and with the board. The agency from which the appeal is taken shall immediately transmit to the board all papers constituting the record on which the action appealed from was taken.

C. An appeal stays all proceedings unless the agency from which the appeal is taken 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 cause imminent peril to life or property. Proceedings shall not be stayed except by order of the board on notice to the agency from which the appeal is taken and for cause shown.

D. The board shall:

1. Fix a reasonable time for hearing appeals.

2. Give public notice and notice to the parties in interest.

3. Render a decision within a reasonable time.

E. On the hearing, a party may appear in person or by an agent or attorney.

F. In conformity with this article, the board may:

1. Reverse or affirm, wholly or partially, or modify the order, requirement, decision or determination that is appealed.

2. Make an appropriate order, requirement, decision or determination and for that purpose the board has all of the powers of the administrative agency from which the appeal is taken.