The Zoning Administrator made an error in interpretation of these regulations; and

The erroneous interpretation specifically aggrieves the appellant.

Appeals must be filed in the manner provided, and after payment of fees as prescribed by the City Council, within 30 days from the time the officer charged with enforcement of these regulations has made a written interpretation or determination of these regulations.

No part of any such fee shall be returnable after an appeal is filed and such fee is paid, except upon petition by the appellant and approval by the Zoning Administrator. No fee paid for an action which is declared closed or ruled invalid shall be refunded, provided that a refund shall be allowed upon petition by the applicant if the Board rules in favor of the applicant.

The appeal, fee, and supporting materials must be received in the office of the Zoning Administrator at least 30 days prior to the next regularly scheduled meeting of the Board.

The Zoning Administrator shall fix a reasonable time for the hearing and give notice thereof to the parties of interest and the public by publishing notice in a newspaper of general circulation in the community, at least 15 days prior to such hearings.

Where an appeal concerns a particular piece of property, all property owners within 150 feet of the subject property shall be notified by mail at least 15 days prior to said hearing. (When the subject property abuts a public right-of-way, the 150 foot measurement shall be in addition to this right-of-way along the abutting side.)

The Zoning Administrator shall transmit any appeal with all supporting materials to the Board of Adjustment within 3 days of the scheduled public hearing.

An appeal under the terms of these regulations stays all proceedings in the matter appealed from unless the Zoning Administrator certifies to the Board of Adjustment that, by reason of the 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, except by a restraining order granted by the Board hearing the appeal or by a court of record on application and notice to the Zoning Administrator from whom the appeal was taken and on due cause shown.

Decisions of the Board of Adjustment shall be by motion. The basis for the decision on each appeal, and a detailed summary of the facts and basis supporting such determination shall be recorded in the decision and shall constitute a part of the record thereof.

The concurring vote of 4 members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter.

A hearing may be continued at the request of the applicant or upon motion of the Board; provided however, that the granting of a continuance is a matter of grace, resting solely in the discretion of the Board, and a refusal to continue is not a denial of a right, conditional or otherwise.

Decision on continuance of a hearing can be reached by a simple majority, but must be made prior to voting on the application itself.