02.1016 Procedure

Upon receipt of the application, the Zoning Administrator shall forthwith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken. The Board of Adjustment shall review the application and shall return the same to the Zoning Administrator with its decision pertaining hereto within thirty (30) days. Failure to return said application within thirty (30) days shall constitute approval. An administrator certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reasons of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by restraining order which may be granted by the Board of Adjustment or by the district court on application and notice to the Zoning Administrator and on due cause shown. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof by publication of notice at least five (5) days prior to the date of hearing, as well as notice by mail to adjacent property owners, and decide the same within a reasonable time. Any party may appear at the hearing, I person, or by agent or by attorney.