1129.09 CERTIFICATE PROTEST; REFERRAL TO BOARD OF APPEALS.
   Where a written protest or complaint regarding an alleged error or misapplication of the Building or Planning and Zoning Code is filed with the Zoning Administrator relative to and prior to the issuance of a Zoning Certificate that he is about to issue, the Zoning Administrator shall not issue it, but is hereby directed to immediately refer the matter to the Board of Zoning and Building Appeals for a final decision. The complaint shall state the reason or basis for the protest. The Board of Appeals shall direct the Zoning Administrator in the matter. The Board's decision shall be made only after the complainant and applicant for the Zoning Certificate in question have an opportunity to be heard and shall be final and binding upon all persons concerned. When considering a written protest or complaint, the Board of Appeals shall consider whether the complainant has adequately documented any harm that may result from the proposed application for a Zoning Certificate. The burden of presenting evidence to the Board of Appeals that is sufficient to lead the Board of Appeals to conclude that the application should be denied shall be upon the complainant urging this position.
(Ord. 85-17. Passed 5.29.18.)