All decisions of the Board of Adjustment, whether variances, conditional use permits, home occupation permits or other, shall be final, subject to the appeal to the City Council, and the right of later judicial review. Any person aggrieved by a decision of the Board of Adjustment may appeal the decision to the City Council as follows. Any aggrieved party, to appeal, must file with the City Clerk-Treasurer, a written notice of appeal within five days (excluding Saturdays, Sundays and legal holidays) following the Board of Adjustment’s written decision. The City Council shall act upon the appeal within 30 days from receipt of same, and the City Council may limit the appeal to a review of the records and proceedings held before the Board of Adjustment, or may by majority vote schedule a public hearing on the appeal, to allow testimony and providing reasonable notice. The decision of the City Council shall be by majority vote, and the decision shall be made within 30 days from the City Council hearing. Any party aggrieved by a decision or order of the Board of Adjustment or City Council may seek judicial review of the decision, reviewed by an appropriate remedy in the District Court, only if the party has appealed the decision to the City Council as provided in this section. The written decisions of the Board of Adjustment and the City Council shall be mailed to the applicant and to any other interested parties who have requested written notice of the decision.
(Ord. 110, passed 4-23-1991)