A. Appeals Authorized: Appeals from the action of the code official or administrative official to the board of adjustment may be taken by any person aggrieved or by any officer, department or board of the city affected by any decision of the official. Such appeal shall be taken within seven (7) days from the date of the decision of the official by filing with said official and with the board of adjustment a notice of appeal, specifying the ground thereof. The code official shall forthwith transmit to the board of adjustment certified copies of all the papers constituting the record of such matter, involved in such appeal, together with a copy of the ruling or order from which said appeal is taken.
B. Reasonable Time For Hearing, Notice: The board of adjustment shall hold a public hearing and make a decision on said appeal within thirty (30) days from the filing deadline thereof. Notice of public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation in the municipality where the property is located and by mailing written notice by the clerk of the board of adjustment to all owners of property within a three hundred foot (300') radius of the exterior boundary to the subject property. A copy of the published notice may be mailed in lieu of written notice; however, the notice by publication and written notice shall be published and mailed at least ten (10) days prior to the hearing. The notice, whether by publication or mail, of a public hearing before the board of adjustment shall contain:
1. Legal description of the property and the street address or approximate location in the municipality;
2. Present zoning classification of the property and the nature of the appeal, variance or exception requested; and
3. Date, time and place of the hearing.
On hearings involving minor variances or exceptions, the clerk of the board of adjustment shall give notice by mailing written notice to all owners of property adjacent to the subject property. The notice shall be mailed at least ten (10) days prior to the hearing and shall contain the facts listed in subsections B1 through B3 of this section. The board of adjustment shall set forth in a statement of policy what constitutes minor variance or exceptions, subject to approval or amendment by the municipal governing body.
C. Proceedings Stayed: An appeal stays all proceedings in furtherance of the action appealed from unless the code official certifies to the board of adjustment, after the notice of the appeal shall have been filed, that 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 otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application or notice to the code official.
D. Appeal From Board Of Adjustment To District Court:
1. An appeal from any action, decision, ruling, judgment, or order of the board of adjustment may be taken to the district court by any person or persons, jointly or severally aggrieved, or any taxpayer or any officer, department, board or bureau of the municipality, by filing with the city clerk within ten (10) days of board of adjustment decision, a notice of such appeal, which notice shall specify the grounds of such appeal. No bond or deposit for costs shall be required for such appeal. Upon filing of the notice of appeal, as herein provided, the said board shall forthwith transmit to the district court clerk, the original or a certified copy of all the papers constituting the record in the case, together with the order, decision or ruling of the board.
2. The appeal shall be heard and tried de novo in the district court. All issues in any proceedings under this section shall have preference over all other civil actions and proceedings.
3. An appeal to the district court from the board of adjustment stays all proceedings in furtherance of the action appealed from unless the chair of the board of adjustment, from which the appeal is taken, certifies to the court clerk, after notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order granted by the district court upon application or notice to the code official in charge of the enforcement of the terms and provisions of this title, and upon the cause being shown.
4. The district court may reverse or affirm, wholly or partly, or modify the decision brought up for review. Costs shall not be allowed against the board of adjustment unless it shall appear to the district court that the board has acted with gross negligence or in bad faith or with malice in making the decision appealed from. An appeal shall lie from the action of the district court as in all other civil actions. (Ord. 5916, 8-9-1999)
E. Fees: Any appeal from a decision of the planning commission to the board of adjustment shall be accompanied with a fee in such amount as established by resolution of the board of commissioners. (2003 Code)