(A) Generally. A decision of the Zoning Administrator enforcing this chapter may be appealed to the Board of Zoning Appeals by any person who is adversely affected by the decision. When an appeal is taken to the Board, upon the denial of an application for an improvement location permit, for a use not specifically stated or implied elsewhere in these regulations, and not listed, the Board shall refer the matter of the proposed use to the Plan Commission for consideration as an amendment to this chapter.
(B) (1) On an appeal under division (A), the Board may affirm the decision of the Zoning Administrator; or the Board may reverse and place any conditions different than the decision of the Zoning Administrator as it is empowered to do according to law.
(2) Any decision of the Board may be appealed to the Circuit or Superior Court of Miami County within 30 days from the date of the decision or order of the Board of Zoning Appeals.
(3) Any final decision as defined by case law of the Plan Commission may be appealed to the Board of Zoning Appeals or directly to the Circuit or Superior court of Miami County within 30 days from the date of the Plan Commission decision.
(C) Appeal procedures.
(1) Any appeal of the Zoning Administrator's decision shall be made in writing to the Board of Zoning appeals within 30 days from the date of the Administrator's decision.
(2) All appeals to the Board shall follow the guidelines listed as follows:
(a) Be submitted in duplicate copies, stating reason of appeal.
(b) Submit name, address, phone number and legal description of the property.
(Ord. 5-2002, passed 3-4-02)