12-125: EXTENT OF RELIEF:

   A.   In exercising the above mentioned powers, the board of adjustment in conformance with the provisions of this chapter, 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 in keeping with the intent, spirit and purpose of this chapter, and to that end shall have all the powers of the officer from whom the appeal is taken.

   B.   Every ruling made upon any appeal to the board shall include a written finding of fact by the board of adjustment and shall specify the reason for granting or denying the appeal. (Prior code § 16-48)

12-126: PROCEDURE FOR APPEALS TO THE BOARD OF ADJUSTMENT:

   A.   Appeals from the action of any administrative official acting under this chapter shall be made in the following manner:

      1.   The appeal shall be taken within thirty (30) days of the action appealed by filing with the official from whom the appeal is taken and the office of the board of adjustment, a notice of appeal specifying the grounds therefor, and paying such fee as shall be established by the council;

      2.   The official from whom the appeal is taken shall transmit to the board all papers constituting the record of the matter in appeal;

      3.   An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown; and

      4.   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 parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. (1985 Code)

12-127: NOTICE OF HEARINGS, VARIANCES AND EXCEPTIONS:

   A.   Notice of public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation and by mailing written notice by the clerk of the board of adjustment to all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property. A copy of the published notice may be mailed in lieu of written notice; however, the notice by publication and written notice shall be published and mailed at least ten (10) days prior to the hearing.

   B.   The notice, whether by publication or by mail, of a public hearing before the board of adjustment shall contain:

      1.   Legal description of the property and the street address or approximate location in the municipality;

      2.   Present zoning classification of the property and the nature of the appeal, variance or exception requested; and

      3.   Date, time and place of the hearing.

   C.   On hearings involving minor variances or exceptions, notice shall be given by the clerk of the board of adjustment by mailing written notice to all owners of property adjacent to the subject property. The notice shall be mailed at least ten (10) days prior to the hearing and shall contain the facts listed in subsection B of this section. The board of adjustment shall set forth in a statement of policy what constitutes minor variances or exceptions, subject to approval or amendment by the municipal governing body. (1985 Code)

12-128: APPEAL TO DISTRICT COURT:

   A.   An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the city to the district court by filing notice of appeal with the city clerk and with the board of adjustment within ten (10) days from the filing of the decision of the board of adjustment which notice shall specify the grounds of such appeal. Upon filing of the notice of appeal as herein provided, the board of adjustment shall forthwith transmit to the court clerk of the county the original or certified copy of all the papers constituting the record in the case, together with the order, decision or ruling of the board of adjustment.

   B.   An appeal to the district court from the board of adjustment stays all proceedings in furtherance of the action appealed from unless the chairman of the board of adjustment, from which the appeal is taken, certifies to the court clerk, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay, in his opinion, would 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 district court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of the ordinance, and upon notice to the chairman of the board of adjustment from which the appeal is taken, and upon due cause being shown, the court may reverse or affirm, wholly or partly, or modify the decision brought up for review. (Prior code § 16-49)

ARTICLE C. ADMINISTRATIVE ADJUSTMENT