This procedure is intended to afford review of administrative actions taken pursuant to this chapter where such actions may be in error.
(A) Appeals. Appeals 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 administrative decision of the Building and Zoning Officer. Such appeal shall be taken within 15 days, as provided by the rules of the Board, by filing with the City Clerk a notice of appeal, which shall specify the grounds thereof. The Building and Zoning Officer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed was taken.
(B) Fee. The appeal shall be accompanied by a fee prescribed by the City Council.
(C) Stay of proceedings. An appeal from the action of the Building and Zoning Officer shall stay all proceedings in furtherance of such action unless the Building and Zoning Officer certifies to the Board of Adjustment, after notice of appeal shall have been filed with the Building and Zoning Officer, that by reason of the facts stated in the certificate a stay would, in the Building and Zoning Officer’s opinion, cause imminent peril to life or property. In the event the Building and Zoning Officer shall make and file such certificate, his or her action shall not be stayed otherwise than by a restraining order that may be granted by the Board of Adjustment, or by a court of record, upon application of the party aggrieved by the action of the Building and Zoning Officer, and after notice to him or her and upon due cause shown.
(D) Public hearing and notice. The Board of Adjustment shall hold a public hearing on the appeal. Notice shall be given as prescribed in § 155.299. Upon the hearing of such appeal, any interested party may appear in person or by agent or attorney.
(E) Action.
(1) The Board of Adjustment shall act on the appeal within 20 days following the closing of the public hearing. In exercising the powers set out in this section, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may take such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the Building and Zoning Officer from whose action the appeal was taken. The Board shall notify the appellant of its decision by mail.
(2) The concurring vote of four members of the Board of Adjustment shall be necessary to reverse any order, requirements, decision or determination of the Building and Zoning Officer, or to decide in favor of the appellant in any matter upon which it is required to pass under these provisions.
(Prior Code, § 9-12-3) (Ord. passed 10-11-1990; Ord. 471, passed 8-5-1996)