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Earlham City Zoning Code

165.21 APPEALS

   1.   Appeals to the Board may be taken by any person aggrieved, or by any officer, department, board or bureau of the City affected by any decision of the Zoning Administrator. Such appeal shall be taken within 10 days by filing with the Zoning Administrator and with the Board a notice of appeal specifying the grounds thereof. The Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from is taken.
   2.   An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board, after notice of appeal has been filed with him or her, that by reason of facts stated in the certificate a stay would in his or her opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the Zoning Administrator and on due cause shown.
   3.   The fee for appeal is $300 for residential property and $350 for commercial property at the time the appeal is submitted. Any additional cost incurred by the City shall be paid by the applicant prior to receiving the permit. If the variance is not granted, a bill will be sent to the property owner for the balance of the total cost. If property owner does not pay the bill within 30 days, the amount will be assessed to property taxes in the same manner as stated in Code of Ordinances of Earlham Chapter 92.06.
(Ord. 396 - May 18 Supp.)
   4.   The Board shall fix a reasonable time for the hearing on the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or by attorney.