Appeals to the city council may be taken by any person aggrieved or by any officer, department, board or bureau of the city. Such appeal shall be taken within fifteen (15) days by filing with the city clerk notice of said appeal specifying the grounds thereof.

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Mayor, 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 imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of record on application, on notices to the officer from whom the appeal is taken, and on due cause shown.

City council shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and 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.

City council may authorize variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will in an individual case, result in unnecessary hardship, so that the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done.

Such variance may be granted in such individual case of unnecessary hardship upon a finding by the city council that:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography.

b.

The application of the ordinance to this particular piece of property would create an unnecessary hardship;

c.

Such conditions are peculiar to the particular piece of property involved; and

d.

Relief, if granted, would not cause substantial detriment to the public good or impair the purpose and intent of the ordinance. Provided, however, that no variance may be granted for a use of land or building or structure that is prohibited in a given district by the ordinance. No variance may be granted to the provisions of Article IX, Sign Regulation.

12.021. To hear and decide special exceptions by the granting of conditional use permits upon a finding by the city council:

a.

The special exception or conditional use will not be injurious to the use and enjoyment of the environment or of other property in the immediate vicinity nor diminish and impair property values within the surrounding neighborhood;

b.

The proposed conditional use will not increase local or state expenditures in relation to cost of servicing or maintaining neighboring properties;

c.

The establishment of the conditional use will not impede the normal and orderly development of surrounding property for uses predominant in the area; and

d.

The location and character of the proposed conditional use is considered to be consistent with a desirable pattern of development for the locality in general.

12.022. To decide on other matters where a decision of the city council may be specifically required by the provisions of this ordinance. In exercising these powers, the city council may reverse or affirm, wholly or in part, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. The city council, in the execution of the duties for which appointed, may subpoena witnesses and in case of contempt may certify such fact to the superior court.

Any person aggrieved by any decision of the city council shall have the right of certiorari to the superior court within thirty (30) days after the decision of the board is rendered.

(a)

Whenever a person shall take an appeal to the city council, he shall obtain the appropriate form therefor from the city clerk. It shall be the duty of the said person to complete the appeal form in its entirety; which form is then to be submitted to the city clerk together with the appropriate fees.

In addition, a list of names and addresses of the owner, if his residence is known, or the occupier of every lot in the same street within five hundred (500) feet of the building in question and of every lot not on the same street within one hundred fifty (150) feet of said lot or building, shall be submitted with the appeal form; provided, however, that failure to provide such list of names provided by this paragraph shall not invalidate any action taken by the board of appeals.

(b)

Fees. A charge or fee as set by city council shall be paid by each applicant upon the filing of an application with the for a special exception, variance, or conditional use from the terms of this ordinance. The charge or fee shall be paid in advance to the City of Metter and shall be used to defray the necessary expenses . If the applicant desires a stenographic record of the proceedings before the board of appeals, he shall so indicate upon his application and shall forward therewith the actual cost of the records as stated by the city clerk.

(c)

Expiration of Special Exceptions and Variances. Unless otherwise specified by the board of appeals, a special exception or variance shall expire if the applicant fails to obtain a building permit there under within six months from the date of authorization thereof.