§ 5. Appeals.

Appeals to the board may be taken by any party aggrieved, or by any officer, department, commission, board, bureau or other agency of the zoned area affected by any decision of the director of planning and development. Such appeal shall be taken within a reasonable time, by filing with the director of planning and development and with the board a notice of appeal specifying the grounds thereof. The director of planning and development 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 in furtherance of the action appealed from, unless the director of planning and development certifies to the board of adjustment after the notice of appeal shall have been filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by restraining order, which may be granted by the board of adjustment or by court of record on application or notice to the director of planning and development and on due cause shown.

The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the interested parties, and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. No petition for the same property will be considered by the board of adjustment for a period of one (1) year from the date of the public hearing.