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The City Council shall act as the Board of Adjustment and Appeals and has the authority and jurisdiction to review and act upon all applications for appeal regarding the interpretation and restrictions of this chapter.
(A) Duties and responsibilities.
(1) To hear and decide all appeals forwarded by the Code Administrator.
(2) To hear other matters related to the interpretation and administration of this chapter.
(B) Appeals. Appeals to the Board of Adjustment and Appeals concerning interpretation or administration of this chapter may be taken by any person. The appeal shall be taken within 60 days specifying the grounds thereof. The Code Administrator shall forward to the Board of Adjustment and Appeals all papers constituting the record and comments on this matter.
(C) Notice of hearings. The Board of Adjustment and Appeals shall fix a reasonable time for the hearing of appeals to give public notice thereof in the official newspaper of the city at least ten days prior to the hearing. The notice shall state the purpose of the hearing and that the application and supporting documents for appeal are available for public inspection in the office of the City Clerk-Treasurer during normal working hours.
(D) Meetings. All meetings of the Board of Adjustment and Appeals are open to the public and anyone may testify for or against the application for appeal.
(E) Authority to reverse, affirm decisions. The Board of Adjustment and Appeals may reverse or affirm in whole or in part, or may modify the order, requirements, decisions, or determination appeal from the decision of the Code Administrator. The decision of the Board of Adjustment and Appeals on variances and special use permits shall be final, but an appeal may be made to the City Council for further review and action.
(F) Action for reversal of decisions. The concurring vote of three-fourths of members of the Board of Adjustment and Appeals present is necessary to reverse any order, requirement, decision, or determination of the Code Administrator, or to decide in favor of the applicant on any matter upon which it is required to decide under this chapter or to affect any variation in the application of this chapter.
(Ord. 19-1, passed 8-10-1998)