A. Applicability: Any party aggrieved by an administrative order, requirement, decision, or determination made under this title by the Zoning Administrator, Building Officer, or other authorized administrative official, board, commission or department of the City, other than the City Council, may appeal to the Planning and Zoning Commission.
B. Notice Of Appeal: A Notice of Appeal shall be filed with the Zoning Administrator within forty five (45) days of the order or decision being appealed. The notice shall contain:
1. The name, address and telephone number of the party filing the appeal.
2. The location of the property affected by the decision being appealed.
3. Identification of the section in this title governing the decision being appealed.
4. A statement of the grounds on which the appeal is based.
5. The reason given by the administrative official or body for the decision.
6. A brief summary of the factual evidence upon which the appeal is based.
7. A plot plan and verbal description of the use affected by the decision being appealed.
C. Stay Of Proceedings: The filing of a Notice of Appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Planning and Zoning Commission that in his judgment a stay would cause imminent peril to life or property. In such case, no proceedings shall be stayed without issuance of a restraining order by the Planning and Zoning Commission or a court of record.
D. Hearing And Action:
1. Upon receipt, the Zoning Administrator shall forthwith transmit the Notice of Appeal and the complete record of the decision to the Planning and Zoning Commission. The commission shall fix a reasonable time for a hearing on the appeal and give a minimum of ten (10) days’ notice to the party filing the notice.
2. After the hearing, the Planning and Zoning Commission shall take final action on the appeal, whereby it may affirm, reverse or modify the action being appealed, subject only to judicial review in accordance with applicable State Statutes. To this end, the commission shall have all the powers of the party from which the appeal was taken and may direct the issuance of a permit. A majority vote of all its members shall be required for the commission to take any action.
E. Approval Criteria For Appeals: The commission shall reverse the order appealed only if it finds that the action or decision appealed:
1. Was arbitrary or capricious; or
2. Was based on an erroneous finding of a material fact; or
3. Constituted an abuse of discretion; or
4. Was based on erroneous interpretation of this title or zoning law.
(Ord. 86-382, 12-22-1986)