A. Right to Appeal. An appeal to the Board of Adjustment may be filed by any person aggrieved or by an officer or Department of the City where it is alleged there is error in any order, requirement, decision or determination of the City Planner, Building Official or other official in the enforcement of this Title.
B. Time for Appeal; Investigation. An appeal shall be filed within 10 days from the determination that is the subject of the appeal by filing the appropriate application with the City Planner, Building Official or City Clerk and specifying the grounds for the appeal. The City Planner and Building Official, or other official, upon receipt of the application, shall transmit to the City Clerk certified copies of all the papers constituting the record of said matter. Upon receipt of the record, the City Clerk shall cause an investigation to be made and shall set the matter for public hearing.
C. Board Action.
1. The Board, after conducting a public hearing, may reverse or affirm, wholly or in part, 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 officer from whom the appeal is taken.
2. The Board shall make its decision within 30 days after the public hearing. The decision shall be in writing and filed in the Official Records of the City by the City Clerk. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the City Planner, Building Official or other official. A decision of the Board shall not become final until the expiration of 15 days from the date such decision is made, unless the Board shall find the immediate taking of said decision is necessary for the preservation of property or personal rights and shall so certify on the record.
D. Stay of Proceedings. An appeal stays all proceedings in furtherance of the action from which appealed, unless the City Planner, Building Official or other official from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal was filed, that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order granted by the Board or by a Court of proper jurisdiction on due and sufficient cause shown.
E. Written Findings of Fact. The Board shall file with the City Clerk written findings of fact that were the basis for the approval or denial of the appeal. (Ord. 746, 11-14-2017)