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<br />5 Amended: <br />4 Amended: 2/19/02 <br />3 Amended: 9/4/01 <br />2 Amended: 817/01 <br />1 Amended: 1/30/01 <br />Effective 9/5/00 <br />City ofCenterville Ord. #4 <br /> <br />G. No application for the same or essentially the same Variance shall be made <br />within six (6) months of the date of denial. <br /> <br />Section 185-030: Variance Appeal Procedures. <br /> <br />A. Within thirty (30) days of the action of the Board of Appeals and Adjustments, the <br />applicant or an affected property owner may file an appeal to the City Council to the <br />decision of the Board of Appeals and Adjustments. The City Council shall set a date <br />for a public hearing, within forty-five (45) days of receipt of the appeal, to consider <br />granting or denying the variance request. <br /> <br />B. The City Council shall have the power and duty of hearing and deciding appeals <br />where it is alleged that there is an error in any order, requirement, decision or <br />determination made by the administrative officer, enforcement officer, or by the <br />Planning and Zoning Commission in the administration or enforcement of this <br />Ordinance. <br /> <br />C. Procedure. An appeal for Administrative Review may be taken to the Council by <br />any person, firm or corporation or any city officer, department, or agency affected by <br />an adverse decision in the administration or enforcement of this Ordinance. Such <br />an appeal shall be taken by filing a Notice of Appeal specifying the grounds thereof <br />with the Zoning Administrator, and the Council within thirty (30) days after the <br />decision. If the Appeal is not taken by the owner of the property, which is the <br />subject matter of the decision appealed from, the Notice shall not be so filed until <br />after it has been served upon such owner either in person or by mail. The Zoning <br />Administrator shall forthwith transmit to the Council all papers constituting the record <br />upon which the action appealed from was taken. An Appeal for an Administrative <br />Review or a Variance stays all proceedings, including criminal proceedings in <br />furtherance of the action appealed from unless the Zoning Administrator certifies to <br />the Council that by reason of facts stated in the certificate a stay would, in his <br />opinion, cause imminent peril to life or property. In that case the proceedings shall <br />not be stayed otherwise than by a restraining order granted by a court of competent <br />jurisdiction. The Council shall at its next regular meeting after the filing of an Appeal <br />to it from a decision of the board set a date for hearing thereon, which shall be not <br />iate than sixty (60) days after the meeting. After hearing the oral or written views of <br />all interested persons, the Council shall make its decision at the same meeting or at <br />a specified future meeting thereof. The decision of the Council may be appealed to <br />the County District Court. <br /> <br />Division 190: Interim Uses <br /> <br />Section 190-010: Purpose. In addition to the purposes stated in Section 2 of this Ordinance, it is <br />intended that the Interim Use Permit procedures allow flexibility in the use of land or structures in the City, <br />Page 64 of 68 <br />