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19.18.040 Appeals

            (1)        (a)        (i)         The applicant or any other person or entity adversely affected by a decision administering or interpreting a zoning ordinance may appeal that decision applying the zoning ordinance by alleging that there is error in any order, requirement, decision, or determination made by an official in the administration or interpretation of the zoning ordinance.

                                    (ii)        The applicant shall file an appeal in writing within thirty (30) days after having received a determination from a City official regarding the administration or interpretation of the zoning ordinance.  Said appeal shall be filed with the office of the Board of Adjustment.  Failure to file within said thirty (30) days shall bar the applicant from a hearing before the Board of Adjustment.

                        (b)        Any officer, department, board, or bureau of a municipality affected by the grant or refusal of a building permit or by any other decisions of the administrative officer in the administration or interpretation of the zoning ordinance may appeal any decision to the Board of Adjustment.

            (2)        The person or entity making the appeal has the burden of proving that an error has been made.

            (3)        (a)        Only zoning decisions applying the zoning ordinance may be appealed to the Board of Adjustment.

                        (b)        A person may not appeal, and the Board of Adjustment may not consider, any zoning ordinance amendments.

            (4)        Appeals may not be used to waive or modify the terms or requirements of the zoning ordinance.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 97-19, Enacted, 4/17/1997
Ord. No. 04-69, Recodified, 12/16/2004