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(A) Authority. The Zoning Board of Appeals shall be authorized to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the administration or enforcement of this chapter.
(B) Right to appeal. Appeals of Administrative Decisions may be filed by any person aggrieved by a decision of an administrative official in the administration or enforcement of this chapter.
(C) Application filing. Applications for Appeals of Administrative Decisions shall be submitted to the Planning, Building and Development Department on forms available from the Planning, Building and Development Department. Appeals of Administrative Decisions shall be filed within 35 calendar days of the date of the decision being appealed.
(D) Effect of filing. The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the official whose decision is being appealed certifies to the Zoning Board of Appeals, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property. In that case, proceedings shall not be stayed other than by a restraining order which may be granted by the Zoning Board of Appeals, or by a court of record.
(E) Record of administrative decision. The official whose decision is being appealed shall transmit to the Zoning Board of Appeals all papers constituting the record upon which the action appealed is taken.
(F) Notice. Newspaper notice of the Zoning Board of Appeals’ public hearing shall be provided in accordance with the requirements of § 151.045(G). Neighbor notice shall be provided on matters affecting specific properties.
(G) Zoning Board of Appeals’ review and action. The Zoning Board of Appeals shall hold a public hearing on the Appeal. The Zoning Board of Appeals shall grant to the administrative official’s decision a presumption of correctness, placing the burden of persuasion of error on the appellant. In exercising the appeal power, the Zoning Board of Appeals shall have all the powers of the official from whom the appeal is taken, and the Zoning Board of Appeals may reverse or affirm wholly or partly or may modify the decision being appealed. If the Zoning Board of Appeals determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the official from whom the appeal is taken, with directions to obtain evidence and to reconsider the decision in light of the evidence. The Zoning Board of Appeals shall take action on an appeal within a reasonable period of time after application submittal, but in no case more than 30 days after its receipt of the written hearing transcript. A concurring vote of four members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of an administrative official.
(H) Approval criteria; findings of fact. An appeal shall be sustained only if the Zoning Board of Appeals finds that the administrative official erred. Every decision of the Zoning Board of Appeals shall be accompanied by a written finding of fact specifying the reason for the decision. Those written findings shall be filed in the office of the Zoning Board of Appeals.
(Ord., § 3.14, passed 10-13-2009)