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Garden City City Zoning Code

§ XXXIII BOARD OF ZONING AND ADJUSTMENT

APPEALS AND PROCEDURES.

Generally. Appeals to the board of zoning and adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of zoning and adjustment a notice of appeal specifying the grounds thereof. Said application or petition shall be accompanied by a filing fee of $100 payable to the city clerk of said city. Any unused portion of the filing fee shall be refunded to the applicant according to the regulations and rules adopted by the board of zoning and adjustment. The officer from whom the appeal is taken shall forthwith transmit to the board all of the papers constituting the record which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of zoning and adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate 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 of zoning and adjustment or by a court of record on application or [on] notice to the officer from which the appeal is taken and on due cause shown. The board of zoning and adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon hearing, any party may appear in person or by agent or by attorney.
(Ordinance 2002-518 adopted 3/5/02)