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MapLink™ | Procedures | Appeals by Board of Adjustment

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Appeals by Board of Adjustment
(a) Procedure. Appeals may be taken to and before the board of adjustment by any person aggrieved, or by any officer, department board, or bureau of the city. Such appeal shall be made by filing with the office of the board a notice of appeal and specifying the grounds thereof. The office of department from which the appeal is taken shall forthwith transmit to the board of adjustment all of the papers constituting the record upon which the action appealed from was taken.

(b) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the building inspector shall certify to the board of adjustment that by reason of facts in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of equity, after notice to the office from whom the appeal is taken and on due cause shown.

(c) Notice of hearing on appeal. The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of such hearing to the petitioner and to the owners of property lying within 200 feet of less street frontage of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the board to be affected thereby, such owners and persons being determined according to the current tax rolls of the city depositing of such written notice in the mail shall be deemed sufficient compliance therewith.

(d) Decision by board. The board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. The board may reverse or affirm wholly or partly or may modify the order, requirements, decision, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the office or department from whom the appeal is taken.