(A) Board of Adjustment and Appeals. Any person aggrieved, or any taxpayer affected by any decision of the Zoning Administrator made in the administration of this subchapter may appeal to the city’s Board of Adjustment and Appeals.
(B) Timing. All appeals hereunder must be commenced within 30 days of the Zoning Administrator’s decision, by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. In addition, any person aggrieved, or any taxpayer affected by any decisions of the Zoning Administrator made in his or her administration of this chapter, who desires to appeal the decision shall submit an application for a variance, by certified mail, to the members of the Board of Adjustment.
(C) Proceedings stayed. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board, after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in the Zoning Administrator’s opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by order of the Board on notice to the Zoning Administrator and on due cause shown.
(D) Hearing. The Board shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent or by attorney.
(E) Decision. The Board shall, in writing and in conformity with the provisions of this subchapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make the order, requirement, decision or determination, as may be appropriate under the circumstances and, to that end, shall have all the powers of the Zoning Administrator.
(Prior Code, § 515.33) (Ord. 20181107-02, passed 11-7-2018; Ord. 20210217-09, passed 2-17-2021)