1. Appeal of a City Administrative or Interpretative Decision.

a. Any person, department, board, or bureau of the City affected by any administrative officer acting pursuant to the UDC’s Zoning Regulations shall appeal to the Board of Adjustment.
b. In exercising the Board of Adjustment’s authority herein, the Board of Adjustment may reverse or affirm, in whole or in part, or modify the City administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Board of Adjustment has the same authority as the City’s administrative official.
c. Public hearings shall be held in accordance with 2.10.04: Public Hearings and Notification Requirements.
 

2. Appeal to the City Council of a Zoning Vested Rights Petition Decision (see § UDC-2.11.05F.4).
3. Appeal to District Court of a decision of the City Council or Board of Adjustment. Any person, department, board, or bureau of the City affected by a decision of the City Council or Board of Adjustment may appeal to District Court.

B. Appeals Procedure to the City Council or Board of Adjustment.

1. Timing and Fee. Appeal to the City Council or Board of Adjustment shall be taken within ten (10) calendar days from the date of the decision by filing with the Responsible Official from whom the appeal is taken and with the City Secretary a notice of appeal specifying the grounds thereof, and by paying a filing fee at the office of the City Secretary at the time the notice is filed.
2. Transmission of Record. The Responsible Official from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
3. Stays of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Responsible Official certifies to the City Council or Board of Adjustment, that by reason of facts stated in the certificate a stay would, in the Responsible Official’s opinion, cause imminent peril to life or property.

C. Appeals Procedure to District Court.

1. Timing. An appeal from any action, decision, ruling, judgment, or order of the City Council or Board of Adjustment may be taken by any person or persons, jointly or severally, or any taxpayer; or any officer, department, board, or bureau of the City to the district or county court by filing notice of appeal with the City Secretary and with the Board of Adjustment within ten (10) calendar days from the filing of the decision of the board, which notice shall specify the grounds of such appeal.

2. Transmission of Record. Upon filing of the notice of appeal as herein provided, the court may grant a writ of certiorari directed to the board in this event, the City Council or Board of Adjustment shall transmit to the court clerk and the petitioner the original or certified copy of the papers constituting the record in the case, together with the order, decision, or ruling.

3. Stays of Proceedings. An appeal to the district court from the City Council or Board of Adjustment stays all proceedings in furtherance of the action appealed from, unless the mayor or chairman of the Board of Adjustment, from which the appeal is taken certifies to the court clerk, after the notice of appeal shall have been filed, that by reasons of fact stated in the certificate, a stay would, in her/his opinion, cause imminent peril to life or property.

D. Fees. All fees for all types of Applications, forms, plans, notifications, appeals, and petitions required under this UDC shall be established by the City Council within the Fee Schedule.