Section 29-1300 STAY OF PROCEEDINGS

Section 29-1301 An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Appeals after notice of appeal shall have been filed with the Administrator, that by reason of the fact stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property.

Section 29-1302 In such cases, proceedings shall not be stayed otherwise than by a restraining order which may, on due cause shown, be ranted by the Board of Appeals or by the Circuit Court on application, after notice to the Zoning Administrator.

Section 29-1400 REHEARING PROCEDURE

Section 29-1401 A rehearing may he requested by the applicant or by the Zoning Administrator, or a rehearing may be grants by the Zoning Board of Appeals on its own motion.

1. A request for a rehearing which is made by an applicant or the Zoning Administrator must be made within twenty-one (21) days from the date of approval of the Zoning Board of Appeals' minutes regarding the decision for which the rehearing is being requested.

2. A request for a rehearing made by the Zoning Administrator or a rehearing granted by the Zoning Board of Appeals on its own motion may be granted at any time as long as the applicant has not been prejudiced by any delay.

3. Whenever the Zoning Board of Appeals considers granting a rehearing it shall provide written notice to the applicant that a rehearing will be considered. The notice maybe service upon the applicant by first class mail at the applicant's last known address, or may be served personally on the applicant. The notice must be served at least nine (9) days before the time set for the hearing if served by mail, or at least seven (7) days before the time set for the hearing if served by personal service. Service by mail shall be complete upon mailing. In addition to serving the above notice on the applicant, all other notice requirements for the type of decision being heard shall be completed before the Zoning Board of Appeals holds a hearing at which it considers whether to grant a rehearing.

4. If the Zoning Board of Appeals grants a rehearing, then the rehearing shall not be held until all notice requirements for the type of decision being reheard have been satisfied.