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Sec. 40-197. Appeals to ~ of zoning api~eals. (a) Appeals may be taken to the board by any person aggrieved or by any officer, department, board or bureau of the City of Portsmouth affected by any decision of the city manager or his designee. Such appeal shall be taken within thirty (30) days from the date of the decision being appealed. Appeal shall be made by filing with the city manager or his designee and with the board notice of the appeal, specifying the grounds thereof. The city manager or his designee shall transmit to the board al! papers constituting the record of the action appealed. (b) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the city manager or his designee certifies to the board, after notice of appeal has been filed, that by reason of the facts stated in the certificate, a stay would, in such official's opir~ion, cause imminent peril to b',~e or property. In such case, proceedings shall not be stayed otherwise than by restraining order, which may be granted by the board or by a court of record on application and notice to the city manager and on due cause shown. The board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within ninety (90) days of the filing of the appeal. Any party may appear in person or by agent or attorney at the hearing. Sec. 40-198. Decisions. (a) In exercising the above -mentioned powers, the board of zoning appeals may, in conformity with the provisions of law, 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 all the powers of the building official. (b) The concurring vote of three (3) of the members of the board shall be necessary to reverse any order, requirement, decision or determination of the building official or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter; provided, however, that the action of the board shall not become effective until after the resolution of the board setting forth the full reason for its decision and the vote of each member participating therein has been spread upon the minutes. Such resolution, immediately following the board's final decision, shall be filed in the office of the board, and shali be open to public inspection. (c) Every application or appeal granted or denied by the board shall be accompanied by a written finding of fact, based on sworn testimony and evidence specifying the reason for granting or denying the application or appeal. 2. That Sections 40-199 through 40-292 of the Code of the City of Portsmouth, Virginia, 1988, be repealed. 137