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Chapter 917 Application Reviews Plats and Land Splits; Signs <br />Page 917-30 <br />1. Requests for an appeal shall be filed with the Community Development Director on <br />an official application form. Such application shall be accompanied by a fee as <br />established by City Council resolution. This fee shall not be refunded. Such <br />application shall also be accompanied by a detailed written and graphic materials <br />presented in PDF format necessary for the explanation of the request, and a list of <br />property owners located within 350 feet of the subject property, which list shall be <br />obtained from City or County records. The request shall be placed on the agenda of <br />the first possible Board of Adjustment and Appeals meeting occurring after 10 days <br />from the date of submission. The request shall be considered as being officially <br />submitted when all the information requirements are compiled with. <br />2. The Community Development Director may instruct the appropriate staff persons to <br />prepare technical reports where appropriate, to assist the Board of Adjustment <br />Appeals. Additionally, the Community Development Director shall refer the <br />application to other local, state and special units of government where appropriate <br />and when required. <br />3. Notice of said hearing shall consist of a legal property description, description of <br />request and map detailing property location, and be published in the official <br />newspaper at least 10 days prior to the hearing. Written notification of said hearing <br />shall be mailed at least 10 days prior to the hearing to all owners of land within 350 <br />feet of the boundary of the property in questions. <br />4. Failure of a property owner to receive said notice shall not invalidate any such <br />proceedings as set forth within this Ordinance. <br />5. Requests for appeals shall go directly to the City Council serving as the Board of <br />Adjustment and Appeals. All appeals shall be filed no later than 12 days after the <br />alleged error. <br />6. The Board of Adjustment and Appeals shall meet within 30 days from the date of <br />receipt of a complete application to consider appeals from decisions of the City <br />Building Official under the Building Code, determinations made by the City staff in <br />the enforcement of this Ordinance, City Council decision, and such other matters as <br />may be directly referred to it by the City Council. <br />7. The applicant or a representative thereof shall appear before the Board of Adjustment <br />and Appeals in order to answer questions concerning the appeal request. <br />8. The Board of Adjustment and Appeals shall decide whether to approve or deny the <br />appeal within 60 days after the appeal request is submitted to it. <br />9. The grant of an appeal shall be by two-thirds vote of the full City Council, serving as <br />the Board of Adjustment and Appeals. <br />10. The Community Development Director shall notify the originator of the appeal of the <br />City Council’s, serving as the Board of Adjustment and Appeals, decision in writing. <br /> <br />