§ 14-11. Appeals.

Appeals to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the county affected by any decision of the administrator. Such appeal shall be taken within thirty (30) days after the decision appealed from by filing with the administrator, and with the board of zoning appeals, a notice of appeal, specifying the grounds thereof. The administrator shall immediately transmit to the board of zoning appeals all papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrator certifies to the board of zoning appeals that, by reason of facts stated in the certificate, a stay in his opinion would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board of zoning appeals or by the circuit court, on application and on notice to the administrator and for good cause shown.

The board of zoning appeals shall fix a reasonable time for the hearing of an applicant's appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within sixty (60) days. In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify, and [any] order, requirement, decision or determination appealed from. The concurring vote of a majority of the membership of the board is necessary to reverse any order, requirement, decision or determination of the administrator or to decide in favor of the applicant.

Any person or persons jointly or severally aggrieved by any decision of the board of zoning appeals, or any taxpayer or any officer, department, board, or bureau of the county, may present to the circuit court of the county a petition specifying the grounds on which aggrieved within thirty (30) days after the filing of the decision in the office of the board of zoning appeals.

Upon presentation of such petition, the court shall allow a writ of certiorari to review the decision of the board of zoning appeals and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney or petitioner if there is no attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the county may, on application, on notice to the board of zoning appeals and on due cause shown, grant a restraining order.

The board shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.

If, upon hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

Costs shall not be allowed against the board of zoning appeals, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from.

The time limitations for raising certain issues and filing certain proceedings with the board of zoning appeals shall be the following:

(1)

No issue of alleged defect in the process of enactment of any ordinance or map or any amendment thereto shall be raised in any proceeding filed with the board of zoning appeals later than thirty (30) days from the time such ordinance, map, or amendment takes effect, unless the person raising such issue alleges and proves that he failed to receive adequate notice of the enactment or amendment. If such person has succeeded to his interest after the enactment of the ordinances, adequate notice to his predecessor in interest shall be deemed adequate notice to him.

(2)

No person shall be allowed to file any proceeding with the board of zoning appeals later than thirty (30) days after any application for development, preliminary or final, has been approved by an appropriate county officer, agency or body, if such proceedings are designed to secure reversal or to limit the approval. If such person has succeeded to his interest after such approval, adequate notice to his predecessor in interest shall be deemed adequate notice to him.