The Board may grant an appeal of any decision, interpretation, or determination made by the Planning Director, other Plan Commission staff members, or any other administrative official or board charged with the duty of enforcing and interpreting this chapter. The following procedure shall apply to all appeals of administrative decisions.
(A) Application. The appellant shall submit an administrative appeal application within ten days of the Board's decision along with the required supporting information. Supporting information shall include, but not be limited to, the following:
(1) Original submittals. Copies of all materials upon which the decision being appealed was based.
(2) Written decisions. Copies of any written decisions that are the subject of the appeal.
(3) Appeal basis. A letter describing the reasons for the appeal noting specific sections of this chapter or other standards applicable in Hancock County upon which the appeal is based.
(B) Board review and action. The BZA will then, at a meeting scheduled consistent with the adopted calendar of filing and meeting dates, review the administrative appeal application and supporting information.
(1) Representation. The appellant and any representative of the appellant must be present at the meeting to present the appeal.
(2) Testimony. The Board shall consider a report from the Planning Director and testimony from the applicant at the meeting and/or witnesses.
(3) Procedures. The presentation of reports and testimony and all other aspects of the meeting shall be consistent with the rules and procedures of the Board.
(4) Possible action. The BZA may grant, grant with modifications, deny, or continue the appeal.
(a) Granted. The appeal shall be granted if the determination in writing is made consistent with the requirements of division (C) below.
(b) Granted with modifications. The appeal shall be granted with modifications if the Board of Zoning Appeals determines that the proper interpretation of the provision(s) that are subject to the appeal is consistent with neither the administrative decision nor the requested interpretation of the applicant.
(c) Denied. The appeal shall be denied if the determination in writing is made supporting the administrative decision.
(d) Continued. The appeal shall be continued based on a request by the Planning Director or applicant; an indecisive vote; or a determination by the Board that additional information is required prior to action being taken on the request. The continuing of all applications shall be consistent with the adopted rules and procedures of the BZA.
(C) Decision criteria. The Board shall only grant an appeal of such an administrative decision based on a determination in writing, that the decision of the administrative person or board was inconsistent with the provisions of this chapter.
(Ord. 2007-1B, passed 2-5-07)