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<br />Sims Appeal of Enforcement Officer's Decision <br />Page 2 <br />• <br /> <br />constituting the record upon which the action appealed from was taken. <br />1. When Appeals Stay. 1~ 1 P~oceedin~s <br />An appeal stays all proceedings in furtherance of the <br />action appealed from, unless the enforcement officer <br />from whom the appeal is taken certifies to the Board of <br />Adjustment after notice of appeal shall have been filed <br />with him that by reason of facts stated in the <br />certificate a stay would, in his opinion, cause <br />immediate peril to life or property. In such case <br />proceedings shall not be stayed otherwise than by a <br />restraining order which may be granted by the Board of <br />Adjustment or by a court of record on application on <br />notice of the enforcement officer from whom the appeal <br />is taken and on due cause shown. <br />2. Time for and Notice of Heari~,g of Apgeal <br />The Board o <br />the hearing <br />as well as <br />• decide the <br />hearing any <br />attorney. <br />f Adjustment shall fix a reasonable time for <br />of the appeal, give public notice thereof, <br />due notice to the parties in interest, and <br />same within a reasonable time. Upon the <br />party may appear in person or by agent or <br />3. Action on Ao~eal <br />In exercising the powers set forth in Section 11-603, <br />the Board of Adjustment may, in conformity with the <br />provisions of this Ordinance, reverse or affirm, wholly <br />or partly, or may modify the order, requirement, <br />decision, or determination as ought to be made, and to <br />that end shall have all the powers of the enforcement <br />officer from whom the appeal is taken. <br />The Board must find the following in order to grant an <br />appeal: <br />a. That there is a reasonable difference of <br />interpretation as to the specific intent of the <br />zoning regulations or zoning map, provided the <br />interruption of the enforcement officer is a <br />reasonable presumption and the zoning ordinance is <br />unreasonable. <br />b. That the resulting interpretation will not grant a <br />• special privilege to one property inconsistent with <br />other properties or uses similarly situated. <br />c. The decision of the Board must be in the best <br />interest of the community and consistent with the <br />