A. Purpose: The appeal procedure is provided as a safeguard against arbitrary, ill considered, or erroneous administrative decisions. It is intended to avoid the need for legal action by establishing local procedures to review and correct administrative errors. It is not, however, intended as a means to subvert the clear purposes, meanings, or intent of this title, or the rightful authority of the zoning administrator to enforce the requirements of this title. To these ends, the reviewing body should give all proper deference to the spirit and intent embodied in the language of this title and to the reasonable interpretations of that language by those charged with the administration of this title. (Ord. Z-24-05, 8-29-2005)
B. Authority: The planning and zoning board shall hear and decide appeals from, and review orders, decisions, interpretations, or the failure to act, of the zoning administrator acting pursuant to his authority and duties under this title and to that end the planning and zoning board shall have the same powers and be subject to the same standards and limitations as the zoning administrator with respect to any order, decision, or interpretation being appealed.
C. Parties Entitled To Appeal: An appeal may be taken to the planning and zoning board by any person, firm or corporation, or by any officer, department, board or bureau aggrieved by a decision of the zoning administrator. Such appeal shall be taken within thirty (30) days after the alleged erroneous order, decision or interpretation. (Ord. Z-24-05, 8-29-2005; amd. Ord. Z-29-15, 10-5-2015)
D. Procedure:
1. Application:
a. Applications for an appeal shall be filed in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. (Ord. Z-24-05, 8-29-2005)
b. An application for an appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the planning and zoning board, after the notice of appeal has been filed with him, that, by reason of facts stated in the application, a stay would in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the planning and zoning board or by a court of record on application, on notice to the zoning administrator and on due cause shown.
2. Action By Zoning Administrator: Upon receipt of a properly completed application for an appeal, the zoning administrator shall state in writing the order, decision or interpretation being appealed and his justification for such order, decision, or interpretation. The statement and report of the zoning administrator shall be forwarded to the planning and zoning board for its review and decision. (Ord. Z-24-05, 8-29-2005; amd. Ord. Z-29-15, 10-5-2015)
3. Action By Planning And Zoning Board:
a. The planning and zoning board shall hold a public hearing on the application within thirty (30) days of the statement and report of the zoning administrator in accordance with the requirements of section 12-3-1, "Applications And Hearings", of this chapter. Notice for the public hearing shall be performed in the manner prescribed by subsection 12-3-1C, "Notice", of this chapter. The planning and zoning board and the applicant may jointly agree to extend the time for a public hearing.
b. The planning and zoning board may affirm or may, reverse, wholly or in part, or modify the order, decision or interpretation of the zoning administrator. Such decision shall be made within thirty (30) days of the close of the public hearing. The failure of the planning and zoning board to act in such thirty (30) days, or such further time to which the applicant may agree, shall be deemed to be a decision of denying the appeal.
c. Once the planning and zoning board has rendered its decision, the board shall so inform the zoning administrator and instruct the zoning administrator to provide the applicant written notification of the planning and zoning board's decision. (Ord. Z-14-15, 7-6-2015; amd. Ord. Z-29-15, 10-5-2015)
E. Right To Grant Variance In Deciding Appeals: In any case where the application for appeal is accompanied by an application for a variation in accordance with section 12-3-6, "Variations", of this chapter, the planning and zoning board shall hear and decide such variation in compliance with the provisions of section 12-3-6, "Variations", of this chapter.
F. Conditions And Limitations On Rights Granted By Appeal: In any case where this title imposes conditions and limitations upon any right, any such right granted by the planning and zoning board on appeal shall be subject to such conditions and limitations in the same manner and to the same extent as if secured without the necessity of an appeal. (Ord. Z-24-05, 8-29-2005; amd. Ord. Z-29-15, 10-5-2015)