(A) Any decision regarding the interpretation or enforcement of the provisions of this chapter may be appealed to the Planning and Zoning Commission by any person claiming to be aggrieved thereby, in accordance with the provisions of this section.
(B) In order to initiate the appeals process, an application for zoning appeal must be completed and filed with the City Clerk within 180 days of the decision of the Zoning Administrator, and a filing fee paid according to the fee schedule in this chapter. The application for appeal shall contain the following information:
(1) Identification of the decision being appealed including the section of the chapter subject to the appeal;
(2) Identification of the grounds for the appeal including sufficient facts and conditions which serve to notify the Commission of the basis for the appeal.
(C) Once an appeal has been filed, no permits shall be issued or other approvals granted for the subject property until the appeal is decided. A hearing shall be scheduled before the Commission and the appeal shall be heard within 45 days of the filing date of the appeal. Notice of the time and place of the hearing shall be provided to the applicant at least 20 days prior to the hearing.
(D) The applicant shall have notice of the public hearing published in a local newspaper of general circulation at least 15 days but not more than 30 days prior to the public hearing.
(E) The hearing shall be held in accordance with the rules and procedures established by the Commission and the Commission shall make a determination on the appeal within 30 days of the close of the hearing.
(F) On an appeal of any decision or determination of the Zoning Administrator, the Commission shall be limited to a determination of the propriety of the questioned action taken by the Zoning Administrator. The Commission may reverse, affirm, or modify the decision appealed. In order to reverse or modify a decision, any one or combination of the following findings must be satisfied:
(1) That the Zoning Administrator misinterpreted the provisions of this chapter.
(2) That the section of this chapter does not apply in this situation.
(3) That the provision in question is unclear and an interpretation is necessary to determine the intent and application of the provision.
(G) In making its determination, the Commission may not grant a variation in the application of the regulations of this chapter.
(Ord. 8612, passed 12-2-08; Am. Ord. 9158, passed 6-19-18)