(A) Any person aggrieved, any taxpayer affected, by any decision of the City Manager, made in the administration of this subchapter, may appeal to the Board of Adjustment if that person or taxpayer is of the opinion that a decision of the City Manager or designee is an improper application of these regulations. This same right of appeal is extended to the governing bodies of the City of Cleburne and Johnson County, Texas, and to the Cleburne-Johnson County Joint Airport Zoning Board.
(B) All appeals hereunder must be taken within ten days of the decision, by filing with the City Manager or designee a notice of appeal specifying the grounds thereof. The City Manager or designee shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
(C) An appeal shall stay all proceedings in furtherance of the action appealed from unless the City Manager or designee certifies to the Board of Adjustment, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in the opinion of the City Manager or designee, cause imminent peril to life or property. In such case, proceedings may be stayed only by an order of the Board of Adjustment, after notice to the City Manager or designee and only if due cause is shown.
(D) The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within 30 days of receiving the appeal. Upon the hearing, any party may appear in person or by agent or by attorney.
(E) The Board of Adjustment may, in conformity with the provisions of this subchapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order requirement, decision, or determination as the Board shall determine to be appropriate under the circumstances. For this purpose, the Board of Adjustment has the same powers as the City Manager or designee.
('68 Code, § 3-108) (Ord. 3-1981-5, passed 2-23-81; Am. Ord. 06-2023-39, passed 6-13-23)