17-13-1200 Appeals.

   17-13-1201 Authority. The Zoning Board of Appeals is authorized to hear and decide appeals when it is alleged that there is an error in any order, requirement, decision or determination made by the Zoning Administrator in the administration or enforcement of this Zoning Ordinance.

   17-13-1202 Right to Appeal. An appeal may be taken to the Zoning Board of Appeals by any person, firm or corporation, or by any officer, department, board or bureau aggrieved by a decision of the Zoning Administrator.

   17-13-1203 Application. The application for appeal must be filed with the Zoning Board of Appeals and must be taken within such time as prescribed by the Zoning Board of Appeals by general rule. A notice of Appeal specifying the grounds thereof must be filed with the Office of the Zoning Administrator.

   17-13-1204 Effect of Filing. The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the Zoning Administrator certifies to the Zoning Board of Appeals, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property. In such cases, proceedings may not be stayed other than by a restraining order, which may be granted by the Zoning Board of Appeals or by a court of record.

   17-13-1205 Record of Decision. Upon receipt of a notice of appeal, the Zoning Administrator must transmit to the Zoning Board of Appeals all papers constituting the record upon which the action appealed is taken.

   17-13-1206 Hearing. The Zoning Board of Appeals must hold a hearing to consider appeals. Written notice of the Zoning Board of Appeals' public hearing must be provided to the applicant and to any property owners who were required to receive notice of the action being appealed.

   17-13-1207 Action by Zoning Board of Appeals. The Zoning Board of Appeals is the final decision- making body on Appeals. The Zoning Board of Appeals may affirm or may, upon the concurring vote of 3 members, reverse, wholly or in part, or modify the order, requirement, decision or determination, as in its opinion ought to be done, and to that end will have all the powers of the officer from whom the appeal is taken. The Zoning Board of Appeals must grant to the Zoning Administrator's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.

   17-13-1208 Approval Criteria; Findings of Fact. An appeal may be sustained only if the Zoning Board of Appeals finds that the Zoning Administrator erred. Every decision of the Zoning Board of Appeals must be accompanied by written findings of fact specifying the reasons for the decision.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391)