Latest version.
  • a.

    Appeals of an administrative decision to the Board of Adjustments may be initiated by any person aggrieved or by an officer or department head of the City or County. Such appeal shall be initiated within 15 days of the action or decision appealed from by filing with the Chief Building Official a notice of said appeal specifying the grounds thereof.

    b.

    The holder of or applicant for a development permit or a building permit may appeal any of the following actions taken by an administrative official:

    (1)

    The suspension, revocation, modification or grant with condition of a development permit by the Chief Building Official upon finding that the holder is not in compliance with the approved erosion and sediment control plan or other approved plans.

    (2)

    The determination by the Chief Building Official that the holder is in violation of development permit or building permit conditions.

    (3)

    The determination by the Chief Building Official that the holder is in violation of any other provision of this Development Code.

    c.

    Interpretations. The Board of Adjustments, upon appeal of an aggrieved party or at the request of the Chief Building Official shall:

    (1)

    Interpret the use of words or phrases within the context of the intent of this Development Code as pertinent to their jurisdiction.

    (2)

    Determine the boundaries of the various zoning districts where uncertainty exists.

    (3)

    Decide appeals from any order, determination, decision or other interpretation by the Chief Building Official or other person acting under authority of this Development Code, where a misinterpretation or misapplication of the requirements or other provisions of this Development Code is alleged.

    (4)

    Interpret such other provisions of this Development Code as may require clarification or extension in specific or general cases.

    d.

    An appeal of an administrative decision stays all legal proceedings in furtherance of the action appealed from, unless the officer or department head from whom the appeal is made certifies to the Board of Adjustments, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which must be granted by a court of competent jurisdiction.

    e.

    A decision of the Board of Adjustments shall be final unless the aggrieved party request an appeal before the City and/or adjudication by the City or County Attorney in an effort to resolve appeals, prior to going to court. Only a court of competent jurisdiction may hear such appeals.