(A) (1) Petitions to the Council for variations or exceptions or appeals may be made by any person or by any officer, department, board, or bureau of the city affected by any decision of the Building Inspector. The appeal shall be taken within a reasonable time by filing with the Building Inspector and with the Council a notice of appeal, specifying the grounds thereof. The Building Inspector shall forthwith transmit to the Council all papers constituting the record from which the action appealed from is taken.
(2) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Council, after notice of appeal shall have been filed with the Building Inspector, that, by reason of the facts stated in the certificate, a stay would, in the Building Inspector’s opinion, 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 Council or by a court of record.
(3) The Council shall refer any such petition or appeal to the Board and shall take no action until it has received the report of the Board. The Board shall hold a public hearing upon each petition or appeal. Fifteen-days’ notice of the time, place and purpose of such hearing shall be given in the official newspaper. After the hearing the Board shall make a report to the Council of its findings of fact, its recommendations regarding petition or appeal and the reasons therefor. If the Board recommends against the granting of such petition or appeal, the order granting such petition or appeal can be adopted only by a favorable 2/3 vote of the members of the Council.
(B) The Board shall also hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Building Inspector in the enforcement of the Zoning Code.
(C) All appeals and petitions for appeal shall be in writing in duplicate and shall be filed with the Building Inspector or with the City Clerk, who shall present the same to the next regular meeting of the City Council. A fee of $100 shall be paid at the time such petition or appeal is filed. The Council may at its discretion and upon request of the petitioner waive or reimburse this fee.
(D) For purposes of defining the term appeal, in connection with the jurisdiction of the Zoning Board of Appeals herein, appeal is specifically defined as an appeal from any order, requirement, decision, or determination made by the Building Inspector of the city. The Zoning Board of Appeals shall also consider requests for exceptions and variations to the zoning ordinance as provided in the zoning ordinance.
(1963 Code, § 2-2-3) (Ord. 590, passed 6-26-1958; Ord. 701, passed 1-24-1966; Am. Ord. 1258, passed 6-25-1990; Am. Ord. 1277, passed 1-7-1991; Am. Ord. 1350, passed 11-17-1992)