(a) Initiation.
(1) Appeals are to be initiated by any person or any official of the City of Fremont, aggrieved by any decision, order, determination, or interpretation made by the Zoning Inspector, other administrative official, or administrative decision of a board of the City charged with the administration or enforcement of this Zoning Ordinance.
(2) The appeal has been filed within ten (10) days after the decision.
(b) Applications. Applications for administrative appeals are available at the Engineering and Zoning Office and when completed are to be returned to such office. The applications for administrative appeals shall include but not be limited to the following:
(1) Name, address and telephone number of the applicant.
(2) Location of the property and the zoning district including address and legal description.
(3) Present and proposed use.
(4) If required by the Zoning Inspector, a vicinity map and plat layout containing information as required by the Zoning Inspector.
(5) A statement identifying the decision which is being appealed and the reason for the request.
(c) Review of Application by Zoning Inspector.
(1) The Zoning Inspector, upon receipt of the application shall review the application for completeness.
(2) Within three (3) working days after the completed application or appeal has been filed it shall be transmitted to the Board.
(d) Review by Board. Within sixty (60) days of receiving an application the Board shall consider the application. No public hearing shall be held for an administrative appeal.
(e) Action by Board. The Board shall decide on the application within sixty (60) days after receipt by the Engineering and Zoning Office.
(f) Decisions by Board.
(1) The Board shall reverse, affirm or modify the order, requirement, decision or determination that is being administratively appealed. Such decision shall, in the opinion of the Board, reflect conformity with the provisions of this Zoning Ordinance.
(2) An administrative decision or determination shall not be reversed or modified by the Board unless there is competent, material, and substantial evidence in the record that the decision or determination fails to comply with either the procedural or substantive requirements of this Zoning Ordinance.
(g) Transmittal of Board Decision.
(1) A certified copy of the Board's decision shall be transmitted to the applicant.
(2) The decision of the Board shall be binding upon the Zoning Inspector and applicant. (Ord. 2020-4053. Passed 1-7-21.)