(A) Appeals to the Board of Adjustment may be taken by any person aggrieved or by any office, department, or board of the city affected by any decision of the City Manager or Building Inspector. The appeal shall be taken within a reasonable time, as shall be prescribed by the Board by general rules, by filing with the City Manager or Building Inspector and with the Board a notice of appeal specifying the grounds thereof. The City Manager or Building Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken.
(B) An appeal stays all proceedings, in furtherance of the action appealed from, unless the City Manager or Building Inspector certifies to the Board after the notice of appeal shall have been filed with him or her that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such a case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board, or by a court of record on application or notice to the City Manager or Building Inspector and on due cause shown.
(C) (1) The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time.
(2) At the hearing, any party may appear in person or by agent or by attorney.
(3) The concurring vote of of all the members of the Board of Adjustment shall be required to revise any order, requirement, decision, or determination of the City Manager or Building Inspector charged with the duty of administering this chapter, or to decide a case in favor of an applicant on any matter upon which it is required to pass, or to effect any variation or special exception to the terms of these regulations.
(1981 Code, App. A) (Ord. 624, Art. XV, § 3, passed 2-25-1975)