A.
Interpretation.
Appeals to the Zoning Board of Adjustment concerning interpretation or administration of this Ordinance may be taken by any person aggrieved or by any officer, agency, department or commission of the city affected by any decision of the administrative official. An appeal must be taken within twenty (20) business days of the date the decision has been rendered by filing with the administrative official from whom the appeal is taken, and with the Zoning Board of Adjustment a notice of appeal specifying the grounds for appeal. The administrative official shall forthwith transmit to the Zoning Board of Adjustment all papers constituting the record upon which the action appealed from was taken.
B.
Stay of Proceedings.
An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the Zoning Board of Adjustment after the notice of appeal is filed with him that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by a court of record on application, and on due cause shown.
FORM OF APPEAL OR APPLICATION.
A.
Generally.
The appeal or application shall be in such form and contain such information as required by this Article or the board’s rules of procedure. An incomplete appeal or application shall be deemed only to give notice of intent to appeal or apply to the board, and shall not be reviewed or scheduled for hearing until completed.
B.
Persons Filing Appeal.
1. Any of the following persons may appeal to the Zoning Board of Adjustment a decision made by an administrative official that is not related to a specific application, address, or project:
a. A person aggrieved by the decision; or
b. Any officer, department, board, or bureau of the municipality affected by the decision.
2. Any of the following persons may appeal to the Zoning Board of Adjustment a decision made by an administrative official that is related to a specific application, address, or project:
a. A person who:
(1). Filed the application that is the subject of the decision;
(2). Is the owner or representative of the owner of the property that is the subject of the decision; or
(3). Is aggrieved by the decision and is the owner of real property within two hundred (200) feet of the property that is the subject of the decision; or
b. Any officer, department board or bureau of the municipality affected by the decision.
C. Specifically.
A written application for variance shall be submitted together with the required fee, accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, demonstrating:
1. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district;
2. That literal interpretation of the provisions of this Article would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Article; and
3. That the special conditions and circumstances do not result from the actions of the applicant.
