A. Purpose: This section sets forth procedures for appealing an administrative decision applying provisions of this title. (Ord. 1199, 5-17-2016)
B. Authority: The appeals and variance hearing officer shall hear and decide appeals from administrative decisions applying the provisions of this title.
C. Initiation: The land use applicant, an officer of the city, or an adversely affected party may appeal a decision administering or interpreting a provision of this title to the appeals and variance hearing officer as provided in subsection D(1) of this section. A complete Notice of Appeal shall be filed within ten (10) calendar days of the decision being appealed.
D. Procedure: An appeal of an administrative decision shall be considered and processed as provided in this subsection and shall respect the due process rights of the participants.
1. A complete Notice of Appeal shall be submitted to the Office of the zoning administrator on a form established by the administrator along with the fee established by the City in its consolidated fee schedule. The Notice of Appeal shall include at least the following information:
a. The name, address and telephone number of the applicant and the applicant's agent, if any;
b. The decision appealed;
c. Grounds for the appeal; and
d. A description of the action claimed by the applicant to be incorrect.
2. After the Notice of Appeal is determined to be complete and timely filed, the zoning administrator shall coordinate with the appeals and variance hearing officer to schedule a meeting. Notice of the meeting shall be given as provided in subsection 9-4-050(F) of this title. Prior to the meeting the zoning administrator shall transmit to the appeals and variance hearing officer all papers constituting the record of the action which is appealed.
3. An appeal to the appeals and variance hearing officer shall not stay proceedings taken in furtherance of the action appealed from unless such proceedings are specifically stayed by order of the zoning administrator. An appellant may request a stay by submitting to the zoning administrator, in writing, a request for a stay setting forth the reasons why a stay is necessary to protect against imminent harm. In determining whether or not to grant a stay, the zoning administrator shall assure that all potentially affected parties are given the opportunity to comment on the request. A ruling on the request for a stay shall be given within five (5) days from the date the request is received by the zoning administrator. The zoning administrator, in granting a stay, may impose additional conditions to mitigate any potential harm that may be caused by the stay, including requiring the appellant to post a bond. Within ten (10) days of the zoning administrator's decision regarding the grant or denial of a stay, any adversely affected party may appeal the decision to the appeals and variance hearing officer with jurisdiction over the appeal, whose decision will be final.
4. The appeals and variance hearing officer shall conduct a hearing based upon the record only, taking no new testimony or new information but relying solely upon the information and final decision of the officer or body from whom the appeal was taken. The appellant has the burden of proving that the officer or body erred. In conducting the appeal hearing the appeals and variance hearing officer shall:
a. Determine whether the record on appeal includes substantial evidence for each essential finding of fact;
b. Determine the correctness of the officer or body's interpretation and application of the plain meaning of the land use regulations and thereafter affirm or reverse, wholly or in part, the lower decision, modify that decision, or impose any conditions needed to conform the matter appealed to applicable approval standards; and
c. Interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.
5. The appeals and variance hearing officer shall have all the powers of the officer or body from whom the appeal was taken and may issue or direct the issuance of a permit.
6. After the appeals and variance hearing officer makes a decision, the zoning administrator shall give the applicant written notice of the decision. The decision takes effect on the date when the appeal authority issues a written decision.
7. A record of all appeals shall be maintained in the Office of the zoning administrator. (Ord. 1323, 5-1-2018; amd. Ord. 1498, 8-3-2021)