Ordinance.
Section 1. An appeal may be made to the board of
zoning appeals by any city official or by any person aggrieved by or affected
by any decision of any city official or agency in the enforcement of the
provisions and regulations of the zoning ordinances of this city. Such appeal
shall be made within _________ days from the date of such decision.
Section 2. Every person making an appeal shall file
with the board of zoning appeals and with the agency filing the decision
appealed from a copy of the application of appeal.
Section 3. The board of zoning appeals shall
prescribe the form, scope and content of the application required, and the
information to be furnished in connection therewith. No application shall be
accepted by the board unless it is complete and in compliance with all such
requirements.
Section 4. The application shall be accompanied by a
fee in the sum of _________ Dollars ($_____).
Section 5. On receipt of the application for appeal
by the board of zoning appeals, the secretary of the body rendering the
decision appealed from or _________[the city clerk or as the case may be]
shall transmit to the board of zoning appeals all papers constituting the
record on which the action appealed from was made.
Section 6. The filing of an application of appeal
shall stay all proceedings and the action appealed from, unless a statement is
filed by the agency rendering the decision appealed from that such a stay would
pose an imminent peril to life or property. In such cases, proceedings shall be
stayed only on a restraining order being issued by the _________[applicable
city body, if any] or by a court of this state.
Section 7. The board of zoning appeals shall fix a
reasonable time for the public hearing of the appeal, giving public notice
thereof, by one publication in a newspaper of general circulation in the city
at least _________ days prior to such hearing, as well as due notice to the
parties in interest, and shall act on the appeal within a reasonable time. Any
party desiring to be heard during the hearing may appear in person or may be
represented by an agent or attorney.
Section 8. Before the time set for the public
hearing, the board of zoning appeals shall review all materials relating to the
appeal, and shall, at the hearing, hear all persons interested in the subject
matter.
Section 9. After the public hearing, the board of
zoning appeals, on good cause being shown, shall confirm wholly or partly,
modify or reverse the decision from which the appeal is made, shall report such
action in the minutes, and shall notify all interested parties of its decision.