(a)
Any person aggrieved by any decision
of the code official or authorized designee, based on a request under
this article, may take the matter to the CBC for reconsideration as
long as application to the CBC is made within 30 days of the code
official’s decision
(b)
Any person aggrieved by any decision
of the CBC may take an appeal to the city’s board of adjustment.
Any appeal must be taken within 30 days from the date of the decision
appealed from by paying the required fee and by filing with BDS a
notice of appeal, specifying the grounds in writing thereof. BDS shall
forthwith transmit to the board of adjustment all the papers upon
which the action appealed from was taken.
(c)
The Board of Adjustment, when appealed
to from an adverse decision by the CBC, after ten (10) days’
written notice to all property owners within 200 feet of the subject
property, shall hold a hearing, and the board of adjustment may vary
the application of any provision of this article to any particular
case when, in its opinion, the enforcement thereof would do manifest
injustice, and would be contrary to the spirit and purpose of this
article or public interest, or when, in its opinion, the interpretation
of the CBC should be modified or reversed.
(d)
A decision of the board of adjustment
to vary the application of any provision of this article, or to modify
an order of the CBC, shall specify in what manner such variance or
modification is made, the conditions upon which it is made, and the
reasons therefor.
(Ordinance 2019-08-26-02 adopted 8/26/19)
