Skip to code content (skip section selection)
(a) An appeal from any notice, order or decision of the Building Commissioner, other officer or agency, with regard to an application for a building permit, issuance of a stop order, specific referral, or some similar action, may be made to the Board of Zoning Appeals by any person believing himself or herself aggrieved or by any officer of the City affected by any such official action.
(b) To be considered, the appellant shall, within fifteen days after the date of such decision, file, in the office of the Building Commissioner, a notice of appeal specifying the decision or section of this Zoning Code from which the appeal is sought, the error alleged and all necessary data, in accordance with the form provided by the City.
(c) Public Hearing by the Board of Zoning Appeals. The Board of Zoning Appeals shall hold a public hearing within 60 days from the date the appeal is filed with the Board of Zoning Appeals.
(d) Notice of Public Hearing. Notices of the time and place of a public hearing shall be mailed to the appellant and to the affected property owners (owners of property contiguous to the property in question, and across the street therefrom, or within 500 feet, whichever is the most inclusive) as they appear in the current records of the County Auditor, or be published, once a week for two successive weeks prior thereto, in two newspapers of general circulation in the City. In addition, such notices shall be posted on the posting boards established by City Council.
(e) Review by Board. The Board of Zoning Appeals shall review the notice, order or decision of the Building Commissioner, other officer, or agency and all relevant evidence submitted by the parties. The Board of Zoning Appeals shall uphold the notice, order, or decision of the Building Commissioner, other officer, or agency unless it finds, by clear and convincing evidence, that there is a gross abuse of authority, or fraud or collusion.
(Ord. 1970-232. Passed 9-15-71; Ord. 13-118. Passed 9-17-13.)