The ZBA shall have authority to hear and decide appeals where it is alleged that there is an error in an order, requirement, permit, decision, or refusal made by an official, board or commission in carrying out or enforcing any provisions of this chapter. The applicant shall request such appeal within sixty (60) days of the date of the order, refusal, requirement, or determination being appealed.
In hearing and deciding appeals under this subsection, ZBA review shall be based upon the record of the administrative decision being appealed, and the ZBA shall not consider new information, which had not been presented to the administrative official, council or commission from whom the appeal is taken. The ZBA shall not substitute its judgment for that of the administrative official, council or commission being appealed, and the appeal shall be limited to determining, based upon the record, whether the administrative official, council or commission breached a duty or discretion in carrying out this chapter.
(Res. 98-529A. Passed 12-21-98; Res. 08-363A. Passed 11-17-08, Eff. 12-3-08.)