The board of adjustments shall have the authority to hear and
decide appeals from any decision, determination or interpretation
by any administrative official with respect to the provisions of the
zoning ordinance, subject to the standards and procedures hereinafter
set forth.
An application for an appeal may be initiated by any person
aggrieved or by any officer, department, board or bureau of the City
of Brenham affected by any decision of the building official. Such
appeal shall be filed with the secretary of the board of adjustment
according to rules of procedure adopted from time to time by the board
and shall be accompanied by a fee as prescribed in such rules of procedure
to defray administrative costs.
A notice of appeal in prescribed form must be filed with the
secretary of the board of adjustment and with the office or department
rendering the decision, determination or interpretation which is the
subject of the appeal, within fifteen (15) days of such decision,
determination or interpretation. The filing of such notice of appeal
will require the building official or other city department to forward
to the board any and all records concerning the subject matter of
the appeal. Failure to file such appeal shall constitute a waiver
of any rights under this ordinance to appeal any interpretation or
determination made by such administrative official.
Filing a notice of appeal shall stay any proceedings in furtherance
of the action appealed as provided in Part V. Sec. 3 of this ordinance.
The board of adjustment shall fix a reasonable time for hearing
appeals after a notice of appeal is filed. The failure of the board
to act within a reasonable time shall not deprive it of jurisdiction
of the matter. The board may reverse, affirm in whole or in part,
or may modify the decision, determination or interpretation appealed
as provided in Part V, Section 3 of this ordinance.
