Appeals may be taken to and before the Zoning Board of Appeals by any person aggrieved as a result of a formal action taken, in writing, by the Chief Building Official, Residential Building Official, or any administrative officer in matters related to this Zoning Code, unless a specific appeal procedure is otherwise provided for either in or by the Zoning Code. An appeal shall be taken within ten (10) days from the date of the action by filing the following:
(a) A notice of appeal specifying the grounds thereof;
(b) A list of the names and addresses of all property owners within a 200-foot radius of the property for which the appeal is taken;
(c) The name and address of the appellant or his/her agent;
(d) A detailed plot plan, specifications and description of the proposed building, addition or remodeling, where applicable; and
(e) Payment of the filing fee as specified by Section 1325.03 of this Zoning Ordinance.
The Director of Planning and Zoning, when the foregoing have been filed with him/her, shall arrange a public hearing with the Board and he/she shall immediately transmit the information filed and a copy of the decision on which the appeal is based to the members of the Board.
The Board shall fix a reasonable time for a hearing to be held on the appeal and shall give notice of the hearing by certified mail, return receipt requested, upon the appellant and those property owners within a 200-foot radius of the property for which the appeal is taken, and shall process an additional notice by a legal ad published once in a newspaper having a general circulation in the City, all of such notices to be sent and published at least two weeks before the date set for the hearing.
At the hearing any person may appear and testify. All persons wishing to testify shall do so under oath. Both the appellant and the person/body whose decision is being appealed shall not only have the right to present testimony, but shall also have the right of cross-examination.
The entire record of the proceedings shall be taken either by tape recorder or by shorthand or stenotype recording. Tapes that are transcribed need not be preserved beyond the appeal period under Section 1325.06.
The Board shall render its decision within ten (10) days from the conclusion of the hearing. Upon failure to render a decision within ten (10) days of the hearing, it shall be deemed that the appeal has been decided adversely to the appellant.
Notice of the Board's decision shall be sent by certified mail to the appellant. Each party receiving notice of the Board meeting shall also receive notice of its decision, but such notice need not be by certified mail.
(Ord. 11-22 AC CMS. Passed 4-18-11.)