HomeMy WebLinkAboutORD 1018 Establishing Appeal Process-1.& .. -
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BILL NO. 21
ORDINANCE NO. 1918
BY COUNCILMAN SHORB
AN ORDINANCE AMENDING SECTION 2 -2 -8 OF THE MUNICIPAL CODE OF
THE CITY OF CALDWELL, IDAHO, BY PROVIDING FOR APPEALS TO THE
CITY COUNCIL FROM DECISIONS OF THE ZONING COMMISSION, ACTING
AS THE BOARD OF ADJUSTMENT; ESTABLISHING PROCEDURES FOR THE
MAKING OF SUCH APPEALS AND THE HEARING THEREON; REPEAL OF
ORDINANCES IN CONFLICT HEREWITH AND PROVIDE FOR THE PASSAGE,
PUBLICATION, AND TAKING EFFECT OF THE ORDINANCE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CALDWELL, IDAHO, as follows:
Section 1. That Section 2 -2 -8 of the Municipal Code of
the City of Caldwell, Idaho, be and the same is hereby amended
by adding thereto the following:
"2 -2 -8: BOARD OF ADJUSTMENT:"
(D) APPEALS FROM DECISIONS OF BOARD OF ADJUSTMENT. An
applicant for a special permit, under the provisions of
Title V1 of this code, may appeal the decision of the
Board of Adjustment to the Council. The concurring vote
of two - thirds (2/3) of all the members of the council
shall be required to reverse the decision of the Board of
Adjustment.
Following the decision of the Board of Adjustment of such
appeal, the applicant or any other person aggrieved there-
by, shall have the right to appeal such decision to the
City Council.
Such appeal shall be taken by filing a notice in writing
with the City Clerk and with the Building Official within
ten (10) days from the date of the decision of the Board
of Adjustment.
Such note shall contain the name of the person appealing,
a brief description of such person's interest in the prop-
erty or permit, and a statement showing wherein such per-
son contends the decision of the Board of Adjustment is
erronious.
Within ten (10) days from the filing of such notice with
the City Clerk, the Board of Adjustment shall file with
the Clerk a written statement setting forth its reasons
for the decision taken.
hear
The City Council shall thereafter /such appeal, at any
regular or special meeting of the Council, and shall
notify the person appealing and the Board of Adjustment
of its decision.
LAW 0 PF..X9
SMITH & MILLER
CALDWELL. IDAHO
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Section 2. All ordinances and parts of ordinances in
conflict herewith are hereby repealed, rescinded and annulled.
Section 3. This ordianace shall take effect from and
after its passage, approval, and publication.
PASSED By the Council this 16th day of September, 1963.
APPROVED By the Mayor this 16th day of September, 1963.
Mayor
ATTEST:
' City C1
LAW OFFICES
SMITH & MILLER
CALDWELL, IDAHO