§ 40-47-11 — Determination of board of adjustment reviewable

Every decision of the board of adjustment is subject to review in the following manner:
1. A decision of the board of adjustment may be appealed to the governing body of the
city by either the aggrieved applicant or by any officer, department, board, or bureau of
the city. The appeal must be filed with the city auditor within fifteen days after notice of
the decision of the board of adjustment. The governing body of the city shall fix a time,
within thirty days, for the hearing of the appeal and shall give due notice of the hearing
to the parties. The governing body of the city shall decide the appeal within a
reasonable time. Any party may appear in person or by agent or by attorney at the
hearing of the governing body on the appeal. The governing body of the city may
reverse or affirm the decision of the board of adjustment, in whole or in part, or may
modify the order, decision, or determination appealed.
2. A decision of the governing body of the city on an appeal from a decision of the board
of adjustment may be appealed to the district court in the manner provided in section
28-34-01.