A. Right To Appeal:
1. Any person aggrieved, or any taxpayer affected, by any decision of the zoning administrator made in the administration of the chapter may appeal to the board of adjustment.
2. Schedule of fees for appeals will be established from time to time by a separate resolution of the city council.
B. Time Limit For Filing Notice Of Appeal: All appeals hereunder must be taken within thirty (30) days from the date of the decision as provided by section 10-2-3 of this code, by filing with the city clerk and the board of adjustment a notice of appeal specifying the grounds thereof. The city clerk shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken.
C. Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board of adjustment, 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 opinion of the zoning administrator cause imminent peril to life or property. In such case, proceedings shall not be stayed except by order of the board of adjustment or notice to the zoning administrator and on due cause shown.
D. Designate Time For Hearing; Public Notice: The board of adjustment, as provided for by section 10-2-4 of this code, 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 or by agent or by attorney.
E. Board Action: The board of adjustment may, in conformity with the provisions of this chapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as may be appropriate under the circumstances. (Ord. 3118, 10-5-1999)