(a)

APPEALS FROM BOARD OF ADJUSTMENT.

(1)

Any party aggrieved by any final decision of the board of adjustment shall have the right to appeal the final decision to the city council by filing a notice of appeal along with an administrative filing fee established by the city council by resolution.

(2)

The notice of appeal and fee shall be filed with the community development director within fifteen (15) calendar days of the date of the final decision by the board of adjustment. The notice of appeal shall state the name, address and telephone number of the party filing the appeal, the manner in which the party claims to be aggrieved and the basis for alleging standing to bring the appeal, and the substantive legal and factual basis of the appeal.

(3)

The city council's consideration of the final decision being appealed shall be de novo regarding the review criteria required to be applied by the board of adjustment and the issues presented in the notice of appeal. The city council shall hear and consider the evidence and testimony of any interested party and shall either affirm or reverse, wholly or in part, or may modify the decision appealed from and may make such decision as should be made, and to that end shall have all of the powers of the board of adjustment from which the appeal was taken. However, with respect to administrative appeals under Appendix A—Zoning, Article XVII, Section 1 the city council's de novo review shall be of the record transmitted to the board of adjustment by the city clerk's office, and any new material, documents or testimony that may have bearing on the decision. A concurring majority vote of the city council shall be required for any decision made by the city council under this section.

(4)

Failure of any aggrieved party to appeal to the city council pursuant to this section shall be deemed a waiver of that party's right to appeal to the city council and judicial review.

(b)

APPEALS FROM CITY COUNCIL. Any party aggrieved by any final decision of the city council made under this section shall have the right to file an appropriate action in a court of competent jurisdiction.

(c)

REHEARINGS. The board of adjustment shall not rehear any particular application presented to the board, or the city council on appeal, after a final decision has been rendered by the board or the city council on that application unless six (6) months after the date of the final decision has lapsed. Notwithstanding, if an error in substantive or procedural law is found following the final decision, or the board makes a finding based on a presentation by the applicant that new evidence, not discoverable by the applicant prior to the final decision, is found, the board may rehear a particular application at its discretion. A different or more effective presentation or clarification of the same evidence or matters shall not be grounds for rehearing before the board of adjustment.

(Ord. No. 2-81, § 1, 2-10-81; Ord. No. 20-96, § 2, 12-10-96; Ord. No. 32-2012, § 2, 11-27-2012; Ord. No. 03-2017, § 2, 3-14-2017)