(A) Appeals. Any person affected by a decision of the Code Official or a notice or order issued under this chapter shall have the right to appeal to the Board of Zoning Appeals ("BZA"), provided that a written application for appeal is filed within ten days after the date of the decision, notice or order was served. An application for appeal shall be based only upon a claim that:
(1) The true intent of this chapter or the rule legally adopted in this chapter have been incorrectly interpreted;
(2) The provisions of this chapter do not fully apply; or
(3) The requirements of this chapter are adequately satisfied by other means.
(B) Notice of appeal. Any person filing an appeal under this section, shall complete a notice of appeal on forms provided by the Code Official and cause said notice to be filed in the Office of the Clerk-Treasurer and the Code Official within ten days after the date of the decision, notice or order was served. A notice of appeal delivered by regular first class mail shall be deemed filed upon the date of its receipt by the Clerk-Treasurer and not the date of mailing, however, a notice of appeal received by certified mail, return receipt requested, shall be deemed filed with the Clerk-Treasurer on the date of mailing.
(C) Hearing. All appeals shall be heard by the BZA at a regular or special public meeting subject to the rules of the BZA. Any person requesting a special meeting shall pay, at the time of their request, all fees established for special meetings of the BZA.
(Ord. 2002-15, passed 10-14-02)