(A) Intent
The Planning and Zoning Commission is authorized to hear and decide appeals where it is alleged there has been an error in any order, requirement, decision or determination made by the Zoning Administrator in the administration, interpretation, or enforcement of this Zoning Ordinance.
(B) Application Filing
1. Appeals of administrative decisions must be filed with the Zoning Administrator.
2. Appeals of administrative decisions must be filed within 45 days of the date of the order, requirement, decision or determination being appealed.
(C) Effect of Filing
The filing of a complete appeal stays all proceedings in furtherance of the action appealed, unless the Zoning Administrator certifies to the Planning and Zoning Commission, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property, in which case the proceedings will not be stayed unless by a restraining order, which may be granted by the Planning and Zoning Commission or by a court of record based on due cause shown.
(D) Record of Decision
Upon receipt of an application of appeal, the Zoning Administrator must transmit to the Planning and Zoning Commission all papers constituting the record upon which the action appealed is taken.
(E) Public Hearing and Final Decision
1. The Planning and Zoning Commission must hold a public hearing on the appeal within 45 days of the date that the appeal is filed.
2. Within 30 days of the close of the public hearing, the Planning and Zoning Commission must take action on the appeal. The Planning and Zoning Commission’s decision must be in writing and be supported by written findings of fact.
3. In exercising the appeal power, the Planning and Zoning Commission has all the powers of the administrative official from whom the appeal is taken. The Planning and Zoning Commission may affirm or may reverse, wholly or in part, or modify the decision being appealed.
4. Action by the Planning and Zoning commission requires a simple majority vote of a quorum of the Planning and Zoning Commission.
5. In acting on the appeal, the Planning and Zoning Commission must grant to the Zoning Official’s decision a presumption of correctness, placing the burden of persuasion of error on the appellant.
6. All decisions of the Planning and Zoning Commission are final administrative decisions subject to judicial review pursuant to the provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted pursuant thereto.
(F) Standards and Review Criteria
An appeal may be sustained only if the Planning and Zoning Commission finds that the Zoning Administrator erred.
Appeal of Administrative Decision Process
(Ord. 2021-4931, 11-15-2021)