(a) Appeal to board of adjustment. The requestor, any person aggrieved by the interpretation, or any officer, department, board or bureau of the city affected by the interpretation of the zoning administrative official may appeal the interpretation to the board of adjustment. The appeal must be in writing, be filed with the administrative official and specifically allege the error in the decision or determination of the zoning administrative official for the property in question. All such appeals to the board of adjustment must be made within 30 days from the date of the zoning administrative official’s written decision. A member of the board of adjustment may not bring an appeal under this section.
(b) Appeal fee required. Every appeal shall be accompanied by the appropriate filing fee as provided in the schedule of fees contained in Chapter 25 of the city code. No fee shall be charged for requests filed upon recommendation of the zoning commission, city plan commission, or city council. A separate fee shall be charged if the appeal contains multiple interpretations by the zoning administrative official or is for multiple property addresses unless all the properties are owned by the same person or entity and the interpretation involves the same provisions in the zoning ordinance. No refund shall be made under any circumstances except in the event the appeal is withdrawn prior to the mailing of the required written notification.
(c) Complete appeal request. No appeal shall be forwarded to the board of adjustment until the requirements of subsection (a), above are met and the filing fee is paid in full.
(d) Written notice. Written notice of an appeal of an interpretation by the zoning administrative official shall be given to the requestor, the subject property owner(s) and owners of real property lying within 300 feet of the subject property or properties. Such notice shall be given not less than ten days before the date set for the board of adjustment hearing to all such owners who have rendered their property for city taxes, as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the United States Mail.
(e) Information to the board of adjustment. After an appeal is timely filed and the appropriate fees are paid in full, the zoning administrative official shall provide the board of adjustment with a copy of the interpretation request, the decision or determination, and any documents regarding the matter that has been appealed.
(f) Appeal stays all proceedings. An appeal to the board of adjustment stays all enforcement proceedings involving the action appealed unless the building official certifies in writing to the board of adjustment and the zoning administrative official facts supporting the building official’s opinion that a stay would cause imminent peril to life or property.
(g) The zoning administrative official shall schedule the appeal for a hearing before the board of adjustment within 60 days of the date of the appeal application.
(Ord. 13896, passed 10-12-1999; Ord. 21816-08-2015, § 1, passed 8-4-2015, eff. 8-12-2015)