Publisher's Note: This Section has been AMENDED by new legislation (Ord. 23-27
). The text of the amendment will be incorporated below when the ordinance is codified.
A. Authority To Appeal: Any person, the city, or federal, state, county, school district or city government agency, may file an appeal when aggrieved by a decision or interpretation made by the zoning administrator; provided, that the appeal is based on an allegation that:
1. The zoning administrator made an error in interpretation of these regulations; and that
2. The erroneous interpretation specifically aggrieves the appellant.
B. Application And Procedure:
1. Appeals must be filed in the manner provided, and, after payment of fees as prescribed by the city council, within thirty (30) days (but not more than 10 days after start of construction) from the time the officer charged with enforcement of these regulations has made a written interpretation or determination of these regulations.
2. No part of any required fee shall be returnable after an appeal is filed and the fee paid, except upon petition by the appellant and approval by the zoning administrator. No fee paid for an action which is declared closed or ruled invalid shall be refunded.
3. The zoning administrator shall transmit any appeal with all supporting materials to the board of adjustment at least five (5) calendar days prior to the date of their next regularly scheduled meeting.
4. The zoning administrator shall fix a reasonable time for the hearing and give notice thereof to the parties of interest and the public by publishing notice in a newspaper of general circulation in the community, at least fifteen (15) calendar days prior to the hearing.
5. Where an appeal concerns a particular piece of property, all property owners within one hundred fifty feet (150') of the subject property shall be notified by mail at least fifteen (15) calendar days prior to the hearing. (When the subject property abuts a public right of way, the 150 measurement shall be in addition to this right of way along the abutting side.)
6. An appeal under the terms of these regulations stays all proceedings in the matter appealed from unless the zoning administrator certifies to the board of adjustment hearing the application that, by reason of the 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, except by a restraining order granted by the board hearing the appeal or by a court of record on application and notice to the zoning administrator from whom the appeal was taken and on due cause shown.
7. Decisions of the board of adjustment shall be by motion. The basis for the decision on each appeal, and a detailed summary of the facts and basis supporting the determination, shall be recorded in the decision and shall constitute a part of the record thereof.
8. The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision, or determination of the zoning administrator; or to decide in favor of the applicant on any matter.
9. A hearing may be continued at the request of the applicant or upon motion of the board; provided however, that the granting of a continuance is a matter of grace, resting solely in the discretion of the board, and a refusal to continue is not a denial of a right, conditional or otherwise.
10. Decision on continuance of a hearing can be reached by a simple majority, but must be made prior to voting on the application itself.
11. Any person aggrieved by a decision of the Board of Adjustment may file an appeal with a court of record within thirty (30) days of the filing of the decision by the Board. (Ord. A-407, 3-15-1982)