(a) Appeals to the Board of Aldermen may be taken by the person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the Planning and Zoning Commission. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the office from whom the appeal is taken and with the Board of Aldermen, a notice of appeal specifying the grounds thereof. An officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings and furtherance of the action appealed from unless the officer from whom the appeal was taken can certify to the Board of Aldermen after the notice of appeal shall have been filed that by reason of the fact stated in the certificate a stay would, in its opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Aldermen or by court order, with application or notice to the Planning and Zoning Commission from whom the appeal is taken and due cause shown.
(b) The Board of Aldermen shall fix a reasonable time for the hearing of the appeal, give 15 days’ notice thereof, in a newspaper of general circulation and to the parties in interest, and decide the same in a reasonable time. At the hearing, any party may appear in person or by agent.
(c) The Board of Aldermen shall have the following powers in reviewing any determination made by the Planning and Zoning Commission and/or its authorized agents:
1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Planning and Zoning Commission in the enforcement of this subchapter or by any ordinance adopted pursuant thereto;
2. To hear and decide all matters referred to it or upon which it is required to pass under such ordinance; and
3. In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such ordinance, to vary or modify the application of any of the regulations or provisions of such ordinance relating to the use, construction or alteration of buildings, structures or the use of lands, so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done.
(d) In exercising the above-mentioned powers, the Board of Aldermen may, in conformity with the provisions of this subchapter, reverse or affirm wholly or partially, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination that ought to be made and, to that end, shall be necessary to reverse any order, requirement, decision or determination of any the Planning and Zoning Commission, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, to affect any variation of such ordinance.
