A. Appeal To Council Or District Court: Any 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, to the city council, or, at the option of the person or persons making the appeal, directly to the district court. No bond or deposit for costs shall be required for such appeal.
B. Notice Of Appeal To Council:
1. Notice of appeal to the city council, if this option is selected by the person making the appeal, shall be filed with the city clerk-treasurer and the board of adjustment, which notice shall specify the grounds of such appeal.
2. Upon the filing of such notice, the city clerk-treasurer shall place the appeal on the agenda for the next regularly scheduled meeting of the city council, and shall also inform the chairman of the board of adjustment of the date of such meeting.
C. Approval; Required Vote: Approval of such appeals by the city council shall require the concurring vote of four-fifths (4/5) of all city council members.
D. Appeal To District Court; Notice:
1. If the option of appeal to the city council is not selected, any person or persons, jointly or severally, or any taxpayer, officer, department, board of bureau of the city may appeal any action, decision, ruling, judgment or order of the board of adjustment directly to the district court, by filing notice of appeal with the city clerk-treasurer 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 for such appeal.
2. Upon filing of the notice of appeal as herein provided, the board of adjustment shall forthwith transmit to the court clerk of Comanche County, the original or certified copy of the papers constituting the record in the case, together with the order, decision or ruling of said board.
E. Stay Of Proceedings: 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 by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted to the district court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of this title, 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. (Ord. 13-09, 7-9-2013)