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154.086: REHEARING:
   A.   Permitted; Notice: Upon motion setting forth new facts which could not, with reasonable diligence, have been produced or asserted in the original hearing, the board of adjustment, in its discretion, may grant a rehearing of an application. The applicant must mail notice of the rehearing to all persons who protested at the original hearing.
   B.   Time Limit: A motion for rehearing pursuant to this section shall be filed within fifteen (15) days of the date of the decision by the board of adjustment in the original hearing.
   C.   Fee Not Charged: No fee shall be charged for filing a motion for rehearing.
   D.   Denial: The board of adjustment shall deny a motion for rehearing upon a finding that:
      1.   The facts set forth are not new, or with reasonable diligence could have been presented at the original hearing; or
      2.   The motion was not filed within the fifteen (15) day time limit.
   E.   Hearing; Fee; Notice: In the event a rehearing is granted, the board shall set a date for the hearing. The applicant shall pay the fee required for original hearings and notice of the rehearing shall be given in the same manner as provided in section 154.087 of this chapter for applications. (2001 Code § 154.086)
154.087: NOTICE AND HEARINGS; CONTENTS; MINOR VARIANCES OR EXCEPTIONS:
   A.   Notice Requirements: Notice of public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation in the municipality where the property is located and by mailing written notice by the clerk of the board of adjustment to all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property. A copy of the published notice may be mailed in lieu of written notice; however, the notice by publication and written notice shall be published and mailed at least ten (10) days prior to the hearing.
   B.   Content Of Notice: The notice, whether by publication or mail, of a public hearing before the board of adjustment shall contain:
      1.   Legal description of the property and the street address or approximate location in the municipality;
      2.   Present zoning classification of the property and the nature of the appeal, variance or exception requested; and
      3.   Date, time and place of the hearing. (2001 Code § 154.087)
154.088: PROCEDURE FOR APPEALS TO BOARD OF ADJUSTMENT:
Appeals from any action or decision of an administrative officer acting pursuant to any zoning ordinance shall be made to the board of adjustment in the following manner:
   A.   Permitted Appeals: Appeals from the action of any administrative officer to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer;
   B.   Time Limit For Filing: An appeal shall be taken within thirty (30) days from the date of the grievance by filing with the officer from whom the appeal is taken and by filing with the board of adjustment a notice of appeal specifying the grounds therefor. The officer from whom the appeal is taken shall forthwith transmit to the city clerk certified copies of all the papers constituting the record of the matter, together with a copy of the ruling or order from which the appeal is taken;
   C.   Stay Of Proceedings: 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 notice of appeal has 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, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment on due cause shown; and
   D.   Hearing; Notice: 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 decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. (2001 Code § 154.088)
154.089: APPEALS FROM BOARD OF ADJUSTMENT:
   A.   Time Limit For Filing: An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person or persons, jointly or severally aggrieved, or any taxpayer or any officer, department, board or bureau of the municipality to the district court for and within Woodward County by filing with the city clerk, within ten (10) days of the action, decision, ruling, judgment or order, a notice of appeal.
   B.   Papers, Documents Transmitted To Court: Upon filing the notice of appeal, the board of adjustment shall forthwith transmit to the court clerk the original, or certified copies, of all papers constituting the record in the case, together with the order, decision or ruling of the board of adjustment.
   C.   Stay Of Proceedings: An appeal to the district court from the board of adjustment stays all proceedings in furtherance of the action appealed from, unless the chairperson of the board, from which the appeal is taken, certifies to the court clerk, after the notice of appeal has been filed, 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 a restraining order which may be granted by the district court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of this chapter, and upon notice to the chairperson of the board from which the appeal is taken, and upon due cause being shown. (2001 Code § 154.089)
ADMINISTRATION
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