This section sets out the procedures to follow when a person or entity claims to have been aggrieved or affected by an administrative decision made in the enforcement of this Code.
(a) Applicability. Administrative appeals may be initiated by a person or entity alleging there is error in any order, requirement, decision or determination made by the Planning Commission, City Council acting in an administrative capacity, the Residential Design Review Board, Building Commissioner or other authorized administrative official in the enforcement of this Zoning Code.
(b) Administrative Appeal Procedure.
(1) Step 1 - application.
A. An administrative appeal pursuant to this Section shall be initiated by filing a written appeal of the administrative decision or determination within thirty days of the date of the order, decision, determination.
B. The applicant shall submit an application based on a form provided by the Building Commissioner.
(2) Step 2 - forwarding of the record to the BZA. Upon receiving the written appeal of an administrative decision or determination, the Building Commissioner shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision or determination to the Board of Zoning Appeals. This material shall be incorporated into the record of the appeal.
(3) Step 3 - BZA review and decision.
A. The Board of Zoning Appeals shall hold a public hearing within forty-five days of the filing of the appeal provided the notification requirements have been satisfied pursuant to Section 1127.03.
B. Any person affected by the appeal may appear at the public hearing and testify in person, or by attorney or agent.
C. The Board of Zoning Appeals shall render a decision on the appeal without unreasonable delay. The Building Commissioner shall notify the appellant in writing of the decision of the Board.
(c) Administrative Appeals Standard of Review.
(1) An administrative decision or determination shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the decision or determination fails to comply with either the procedural or substantive requirements of this Zoning Code.
(2) Within its powers, the Board may reverse or affirm, wholly or in part, or modify, any such order, requirement, decision or determination as, in its opinion, ought to be made under the circumstances and, to that end, it shall have all the powers of the officer from whose decision the appeal is taken.
(d) Stay of Proceedings. A properly submitted administrative appeal application shall stay all administrative proceedings by the City in furtherance of the action appealed, unless the Building Commissioner certifies to the Board of Zoning Appeals that a stay would cause imminent peril to life or property, in which case the administrative proceedings shall not be stayed unless a restraining order is granted by the Board of Zoning Appeals for good cause shown.
(Ord. 2022-24. Passed 5-24-22.)