15.09.010 Appeals.
(1) Except where otherwise provided, appeals regarding a decision made by City staff or the Planning Commission pursuant to this Title shall be made to the Board of Adjustment as follows:
(a) Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board or bureau, or municipality affected by a final administrative decision of the Planning Commission.
(b) Such appeals shall be taken within ten (10) days of said action or decision by filing a notice of appeal with the Board of Adjustment.
(c) Such notice of appeal shall specify the grounds of the appeal and circumstances related thereto. A notice failing to specify grounds of appeal may be summarily dismissed by the Board of Adjustment, with or without prejudice.
(d) The Planning Commission shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken.
(e) Provo City may appeal to the Board of Adjustment.
(2) An appeal stays all proceedings in furtherance of the action appealed from unless the Planning Commission certifies to the Board of Adjustment after the notice of appeal shall have been filed with the Planning Commission that by reason of facts stated in the certificate, a stay would, in the Planning Commission’s opinion, cause imminent peril to life or 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 the District Court on application and notice and on due cause shown.
(3) Upon the hearing, any party or interested person may appear in person or by agent or by attorney.
(4) In exercising its powers, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have and exercise all of the powers of the Planning Commission. The concurring vote of not less than three (3) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Planning Commission, or to decide in favor of the appellant on any matter upon which it is required to pass under any such ordinance, or to affect any variation in such ordinance or action taken pursuant thereto.
(5) Any person aggrieved by or affected by any decision of the Board of Adjustment may have and maintain a plenary action for relief from the District Court of competent jurisdiction, provided petition for such relief is presented to the court within thirty (30) days after the filing of such decision in the office of the Board of Adjustment or with the City Recorder.