A. Authorized: The board of adjustment shall hear appeals from any person or from any officer, department, board or bureau of the city affected by any decision of an administrative officer applying the municipal land use ordinances, wherein it is alleged that there has been any error in any order, requirement, or decision or determination made by such officer in the enforcement of the land use ordinance, except for an appeal of a decision under subsection 10-15-2G of this code. (1991 Code § 2.44.050, as amended; amd. 2009 Code)
B. Filing Appeal: Such appeal shall be taken within a reasonable time as provided by the rules of the board by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from is taken.
C. Notice Of Hearing: 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 shall decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.
D. Decision: Upon appeal and after due consideration of evidence, the board may reverse, affirm or modify an order or decision of the administrative officer as necessary to correct any error and bring the order or decision into conformity with the provisions of the land use ordinances. To this end, the board shall have all the powers of the officer from whom the appeal is taken.
E. Vote Necessary: The concurring vote of three (3) members of the board shall be necessary for a decision.
F. Stay Of Proceedings; Exception: An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the appeal shall have been filed with him that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the board of adjustment or by the district court on application and notice and due cause shown. (1991 Code § 2.44.050, as amended)