(A) Generally. An appeal from any final order, requirement, interpretation or decision of the Zoning Administrator or other administrative official charged with enforcement of the UDO, except as provided in §§ 159.01.1 and 159.01.2, may be taken to the Board of Adjustment by any person aggrieved. The appeal system established in this chapter provides for a review of cases in which a decision or interpretation made by the Zoning Administrator or other administrative official charged with enforcement of the UDO is alleged to be erroneous. For example, an appeal may contest the Zoning Administrator’s decision regarding whether a particular use is permitted within a particular zoning district or the Zoning Administrator’s interpretation of the methodology for computation of sign area.
(B) Applicability. The appeal system established herein applies only to decisions or interpretations made by the Zoning Administrator or other administrative official charged with enforcement of the UDO. This appeal system does not apply to decisions or interpretations made by the Planning Board or the City Board of Commissioners. Additionally, the Board of Adjustment is not authorized to issue advisory decisions regarding appeals, except as provided in §§ 159.01.1 and 159.01.2. Only the formal decisions or interpretations of the Zoning Administrator or other administrative official charged with enforcement of the UDO may be appealed to the Board of Adjustment.
(C) Filing. An appeal is taken by filing with the Zoning Administrator and the Board of Adjustment a written notice of appeal specifying the grounds therefore. A notice of appeal shall be considered filed with the Zoning Administrator and the Board of Adjustment when delivered to the Planning and Inspections Department, the required filing fee paid, and the date and time of filing entered on the notice by the Planning and Inspections staff. The owner or other party must file the appeal within 30 days from receipt of the written notice of the determination. In the absence of evidence to the contrary, notice given by first-class mail is deemed received on the third business day following deposit of the notice for mailing.
(D) Transmittal of record. Whenever an appeal is filed, the Zoning Administrator shall forthwith transmit to the Board of Adjustment all the papers, applications and recordings constituting the record relating to the action appealed from. A copy of the record shall also be provided to the appellant and to the owner of the property if the appellant is not the owner.
(E) Stay of action. An appeal stays all actions by the Zoning Administrator seeking enforcement of or compliance with the order or decision appealed from, including fines, unless the Zoning Administrator certifies to the Board of Adjustment that (because of facts stated in the certificate) a stay would, in his or her opinion, cause imminent peril to life or property and/or seriously interfere with the enforcement of the UDO for the reason that the violation charged is transitory in nature. In this case, proceedings shall not be stayed except by a restraining order which may be granted by a court. If enforcement is not stayed, the appellant may file with the Zoning Administrator a request for an expedited hearing of the appeal, and the Board shall meet to hear the appeal within 15 days after the request is filed.
(F) Decision. The Board of Adjustment may reverse or affirm (wholly or partly) or may modify the order, requirement or decision or determination appealed from and shall make any order, requirement, decision or determination that in its opinion ought to be made in the case before it. To this end, the Board of Adjustment shall have all the powers of the officer from whom the appeal is taken. Board of Adjustment action on appeal requests shall comply with the voting requirements of § 159.08.
(G) Hearing. Evidentiary hearing procedures and notice requirements for appeal requests are delineated in §§ 159.07 et seq.
(1) The official who made the decision (or his or her successor if the official is no longer employed by the City) shall be present at the hearing as a witness. At the hearing, the appellant shall not be limited to matters stated in the appeal notice. If any party or the City would be unduly prejudiced by the presentation of matters not presented in the appeal notice, the Board shall continue the hearing.
(Ord. passed 7-25-2011; Ord. 21-O-04, passed 6-28-2021; Ord. 23-O-07, passed 4-10-2023)