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<br />I <br />. , <br /> <br />~ . <br /> <br />Honorable Mayor and City Council <br /> <br />Page 2 <br /> <br />8. When someone appeals an action of a City official, the <br />action will not be enforced until the appeal is heard, <br />unless the City official shows that such would cause <br />imminent peril to life or property. <br /> <br />9. When an appeal is requested, the Board will set a time <br />for the hearing, give public notice and specific notice to <br />each of the parties. A party may be represented by an at- <br />torney if he wishes. <br /> <br />10. In its action on an appeal, the Board may uphold the City <br />official's decision or reverse it or make any modifications <br />it chooses. <br /> <br />11. It takes four votes to over-rule the decision of the City <br />official, or to grant a variance or special exception. <br /> <br />12. If the person is still not satisfied after the decision of <br />the Board, he must then take it to court, not to the City <br />Council. The petition must be filed with the court within <br />ten days after the decision of the board. <br /> <br />Please note the following definitions: <br /> <br />1. Special exception - The zoning ordinance can have areas which <br />allow for specific named exceptions from the ordinance where <br />approval is obtained. The applicant does not have to show <br />hardship. <br /> <br />2. Variance - An actual change in the provisions of the zoning <br />ordinance as it relates to a particular situation. No pro- <br />vision was made for such a change in the ordinance. The <br />applicant must show that: <br /> <br />a. There are special circumstances <br />b. Unnecessary hardship would result <br />c. The variance is not contrary to the public interest <br />d. The variance is within the general spirit of the <br />ordinance. <br />