(A) The Board of Adjustment shall have the power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official or agency based on or made in the enforcement of any zoning regulation or any regulation relating to the location or soundness of structures or to interpret any map.
(B) An appeal will not be heard until:
(1) The applicant or any other person aggrieved by the decision of an administrative official or agency shall file a written appeal with the Zoning Administrator within five working days of the decision;
(2) The administrative official or agency from which the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed was taken;
(3) Notice of the hearing date shall be given at least ten days in advance by publication in a legal newspaper of the municipality;
(4) Written notice shall be sent to the applicant and all owners of real property lying within 150 feet of the property on which the appeal is pending, if a particular piece of property is in question. The notice shall be given to each owner of record by depositing such notice in the United States Post Office not less than ten days prior to the hearing date;
(5) The administrative official or agency shall present his, her or its decision to the Board of Adjustment for review; and
(6) The Board of Adjustment shall uphold, overrule, or amend the decision of the Zoning Administrator.
(C) The Board of Adjustment has the powers of a Zoning Administrator on appeals and reversing decision of the Zoning Administrator.
(D) In exercising the above-mentioned powers, the Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
(E) The concurring vote of two-thirds of the full membership of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of any such officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in this chapter.
(Prior Code, § 16.28.06) (Ord. 737, passed - -; Ord. 800, passed - -)