§ 37-133. Appeals and variances.

Appeals from decisions made by administrative officers and requests for variances from the standards of this section may be taken to the board of adjustment as stated below:

(1)

Rulings, requirements, decisions, or interpretations with regards to this section made by an administrative officer of the city may be appealed to the board of adjustment. Any person aggrieved may appeal by filing a written notice of appeal with the office of the city clerk within ten days from the date of the action complained of. All notices of appeal shall specify the grounds for the appeal and contain a brief summary of all facts which the aggrieved party deems material to his appeal. A hearing on the appeal shall be heard by the board of adjustment not later than 30 days from the date of filing the required notice of appeal.

(2)

An appeal to the board of adjustment shall stay the enforcement of any ruling, decision, or requirement of the administrative officer, unless the administrative officer certifies to the board of adjustment that by reason of the facts stated in the certificate of the officer, a stay would in his opinion cause an immediate public hazard or impair life or property; in such case, enforcement shall not be stayed other than by a restraining order issued by a court of competent jurisdiction upon due and sufficient cause shown.

(3)

The board of adjustment may grant, in a particular instance, such a variance from the terms of this section as will not cause detriment to the public good, safety, or welfare, or be contrary to the spirit, purpose and intent of this section where, by reason of any unique and exceptional physical circumstance or condition of a particular property, the literal enforcement of this section will result in an unreasonable hardship.

(Code 1966, § 19-22(d); Code 1982, § 27-84(F); Ord. No. 2326, § 3, 7-11-1988; Ord. No. 2398, § 1, 1-7-1991; Ord. No. 2527, § 1, 3-4-1996; Ord. No. 2782, § 1, 6-16-2003)