A. Authority: The Board of Adjustment is authorized to hear and decide all appeals where it is alleged there has been an error in any order, requirement, decision or determination made by the Community Development Director or any other administrative official in the administration, interpretation or enforcement of this UDO.
B. Right To Appeal: Appeals of administrative decisions may be filed by any person aggrieved by the administrative official's decision or action. The Board of Adjustment is authorized to make determinations about whether individuals filing appeals are "aggrieved" by the decision or action.
C. Application Filing:
1. Complete applications for appeals of administrative decisions must be filed with the City Clerk and the administrative official who made the decision being appealed.
2. Appeals of administrative decisions must be filed within thirty (30) days of the date of the decision being appealed.
D. Effect Of Filing: The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed, unless the Community Development Director or the administrative official who made the decision being appealed certifies to the Board of Adjustment, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property, in which case the proceedings will not be stayed unless by a restraining order, which may be granted by the Board of Adjustment or by a court of record based on due cause shown.
E. Record Of Decision: Upon receipt of a complete application of appeal, the Community Development Director or other administrative official whose decision is being appealed must transmit to the Board of Adjustment all papers constituting the record related to decision being appealed.
F. Notice Of Hearing: Notice of the Board of Adjustment's required public hearing must be provided as follows (see subsection 10-15-1E of this chapter for additional information on required newspaper and mail notices).
1. Newspaper Notice: Notice must be published in the newspaper at least ten (10) days before the scheduled public hearing.
2. Mailed Notice: When an appeal affects a specific property, notice must be mailed to the owner of the subject property and all owners of property within three hundred feet (300') of the subject property at least ten (10) days before the scheduled public hearing.
G. Hearing And Final Decision:
1. The Board of Adjustment must hold a public hearing on the appeal.
2. Following the close of the public hearing, the Board of Adjustment must make its findings and take action on the appeal.
3. In exercising the appeal power, the Board of Adjustment has all the powers of the administrative official from whom the appeal is taken. The Board of Adjustment may affirm or may, upon the concurring vote of at least three (3) members, reverse, wholly or in part, or modify the decision being appealed.
4. In acting on the appeal, the Board of Adjustment must grant to the official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.
H. Review Criteria: The decision being appealed may be reversed or wholly or partly modified only if the Board of Adjustment finds that the Community Development Director or other administrative official erred.
I. Appeals: Board of Adjustment decisions may be appealed to District Court in accordance with subsection 10-16-2K of this title. (Ord. 2018-16, 12-4-2018)