(A) Purpose. The appeal of Zoning Code interpretation process shall facilitate review of questions and interpretation that arise in the administration of this chapter, including review of any order, requirement, decision, or determination made by the Zoning Administrator.
(B) Such appeal may be taken by any person aggrieved or by any officer, department, board or commission of the city.
(C) The City Council shall act as the Board of Adjustment.
(D) Procedure.
(1) Filing. A notice of appeal shall be filed with the City Council through the Zoning Administrator's office specifying the grounds thereon.
(2) Submission. The application for an appeal of Zoning Code interpretation shall be filed pursuant to § 152.100 Common Procedures and Requirements within 30 days of the alleged grievance or judgment in question.
(3) Stay of proceedings. An appeal of Zoning Code interpretation shall put on hold the decision appealed unless the officer whose decision is being appealed certifies in writing to the City Council that a stay would, in their opinion, cause imminent peril to life or property.
(4) Decision.
(a) The City Council may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the Zoning Administrator from whom the appeal was taken and may issue or direct the issuance of a permit.
(b) The concurring vote of a majority of the members of the City Council shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in the application of this chapter.
(c) The reason for the City Council’s decision shall be stated in written findings.
(Ord. 2023-02, passed 5-9-23)