(A) Authority. Appeals from the determinations of the Zoning Administrator shall be heard by the Plan and Zoning Commission in a manner described in this section.
(B) Purpose. This appeal process is provided to mitigate against arbitrary or erroneous applications of this chapter by the Zoning Administrator, and to avoid the need for litigation in resolving such actions. However, the Plan and Zoning Commission and City Council will give proper deference to the determination of the Zoning Administrator and those charged with applying the standards and intent of this chapter.
(C) Procedure.
(1) An appeal from a decision of the Zoning Administrator, made in interpreting this chapter, may be taken to the PZC by any person, firm or corporation aggrieved by the decision, or by any officer, department, board or bureau of the city.
(2) Any appeal from a decision of the Zoning Administrator shall be made within 35 days of the ruling by the Zoning Administrator, by filing a notice of appeal and specifying the ground.
(3) The Zoning Administrator shall transmit to the PZC within 30 days of receiving all required materials from the appellant, a copy of the appeal, and all of the materials constituting the records of the decision upon which the appeal has been made.
(4) The notice of appeal and the appeal itself shall be filed in the number of copies, and shall be in the form, as the PZC may provide from time to time by general rule, and contain the information as specified in division (E) below.
(D) Action on appeals.
(1) An appeal shall stay all proceedings in furtherance of the decision of appeal, unless the Zoning Administrator certifies to the PZC, after the notice of appeal has been filed with him or her, that, by reasons of facts stated in the certificate, a stay would, in their opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed other than by a restraining order, which may be granted by the PZC or by a court of record upon application following notice to the Zoning Administrator, and upon due cause shown.
(2) The PZC shall hold a public hearing regarding the appeal at an established meeting or other date it may set and give written notice of no less than 15 days to the parties having a known interest.
(3) Within 35 days after closing the hearing, the Plan and Zoning Commission shall render a final decision on the appeal.
(4) Upon the concurring vote of four members, the PZC may reverse or affirm, in whole or in part, or may modify the decision from which the appeal was taken, and to that end the PZC shall have all the powers of the Zoning Administrator with respect to the decision.
(E) Materials to be submitted. Applications for appeals will contain at least the following information:
(1) The owner's name, address, signed consent, and proof of ownership;
(2) The applicant's name and address, if different from those of the owner, and their interest in the subject property;
(3) The names and contact information of any professional consultants advising the applicant with respect to the application;
(4) The common address of the subject property;
(5) A description and/or graphic showing the situation for which the appeal is being sought, as well as the existing zoning classification, use and development of the subject property;
(6) The code section citation and determination from which an appeal is sought;
(7) A narrative of any specific situation giving rise to the original determination and the appeal;
(8) A statement of the applicant's position as to alleged errors in the determination or failure to act being appealed, and why the relief sought is justified.
(F) Fees. Fees for applications and processes related to this section shall be as found in § 156.126, Fees.
(Ord. 21-016, passed 8-18-21)