(A) Appeal and application. Appeals to the Board of Zoning Adjustment under this chapter may be taken by any person aggrieved by a decision of the administrative official. All appeals and applications made to the board shall be made in writing within ten business days after the decision has been rendered by the administrative official. Every appeal or application shall refer to the specific provision of the code involved and shall exactly set forth:
(1) If applicable, the interpretation that is claimed;
(2) The use for which the permit is sought;
(3) If applicable, the details of the variance that is applied for, and the grounds on which it is claimed that the variance should be granted, as the case may be;
(4) The appeal or application shall be filed with the City Clerk. The City Clerk shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.
(B) Hearing and notice. The board shall fix a reasonable time for the public hearing of an application or appeal, give public notice of the time and place thereof, as well as due notice to the parties in interest, and decide same within a reasonable time.
(C) Effect of appeal. An appeal shall stay all proceedings of the action appealed from, unless the person affected by such appeal certifies to the board, 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 case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or a court of record on application, and notice to the person from whom the appeal was taken.
(D) Time limit on permits. No order permitting the use of a building or premises, or the alteration or erection of a building, shall be valid for a period longer than one year, unless such use is established or the erection or alteration is started within such period, and proceeds to completion in accordance with the terms of a building permit.
(E) Appeals from Board of Zoning Adjustment. Any person aggrieved by any decision of the Board of Zoning Adjustment may seek review by a court of record of such decision, in the manner provided by state law.
(Ord. 2017-05-635, passed 5-2-17; Am. Ord 2019-09-861, passed 9-3-19; Am. Ord. 2023-06-1054, passed 6--23)