§ 12.6. Procedure for Appeal of Denial of Conditional Approval of Manufactured Homes Classified as Dwelling, Single-Family, Other Manufactured Homes and Mobile Homes.

1.

Any person aggrieved by a decision of the building official or other officer, department, board, or bureau charged with the approval, conditional approval, or denial of the placement of manufactured homes classified as Dwelling, Single-Family, Other Manufactured Homes, and Mobile Homes may appeal from such decision to the Board of Zoning Appeals by filing with the clerk of said body, if one exists, or if not, by filing directly with each member of said body, a petition in writing setting forth plainly, fully, and distinctly wherein the decision appealed from is contrary to the provisions of this ordinance or the laws of this state. Such appeal shall be filed within thirty (30) days after the date on which the decision is rendered. The date on which the decision is rendered shall be the date on which that decision is reduced to writing as required in this ordinance.

2.

An appeal stays all legal proceedings in furtherance of the action appealed from unless such stay would cause imminent peril to life and/or property. In such case, proceedings may be stayed by an order from the Board of Zoning Appeals or upon order from a court of appropriate jurisdiction.

3.

The Board of Zoning Appeals shall fix the date and time certain for the hearing of the appeal and shall give notice thereof to the appealing party and the building official or other official making the decision. Upon the hearing, any party to the appeal may appear in person or by agent or through an attorney.

4.

The Board of Zoning Appeals shall decide the appeal within two (2) working days after the date and time of the hearing. The appeal shall be sustained upon an express finding that the action of the building official or other official whose action has been appealed was based on an erroneous finding of a material fact or that he acted in an arbitrary manner. In exercising its powers, the board may reverse or affirm the decision appealed, wholly or partly, or may modify the decision or determination appealed from and to that end shall have all the powers of the official from whom the appeal was taken.

5.

The Board of Zoning Appeals shall consider only those matters asserted in the notice of appeal and shall consider only the record of the proceedings and matters presented to the official from whom the appeal is taken.

6.

Any decision from the Board of Zoning Appeals may be appealed by filing an appeal with the Superior Court of this county within thirty (30) days after the date of the decision on appeal has been rendered in writing. The decision made by the Board of Zoning Appeals shall be placed in writing and the factual basis for the decision shall be set forth in the written decision.