(a) Appeals to the Board of Zoning and Building Appeals. Any person adversely affected by any order, requirement, decision, or determination made by an administrative official in the administration or enforcement of this Zoning Code may appeal to the Board of Zoning and Building Appeals, unless otherwise provided for in this Code.
(1) Initiation of Appeal. An appeal shall be made by filing with the secretary of the Board of Zoning and Building Appeals, within 20 days from the receipt of the adverse order, requirement, decision, or determination, a written notice of appeal specifying therein the grounds and reasons for the appeal. Upon the filing of any such appeal, the secretary shall forthwith notify the administrative official whose action is so appealed. Within 24 hours the official shall transmit to the secretary all data pertaining to the subject matter upon which the action so appealed was taken.
(2) Public Hearing by the Board. The Board shall select a reasonable time and place for a public hearing of the appeal. Notice of the public hearing shall be given according to the following:
A. Public notice of the date, time and place of the public hearing shall be given at least 10 days before the date of such hearing pursuant to Section 4.12 of the City Charter.
B. Written notice of the date, time, and place of the public hearing shall be mailed, by first class mail, at least 10 days prior thereto, to the owners of property within or contiguous to the area which is the subject of the appeal to the addresses of such owners appearing on the current county tax duplicate.
C. Written notice shall be given to the appellant and to the administrative official concerned.
Any person in interest may appear at the public hearing in person or by attorney.
(3) Decision of the Board. The Board shall render a decision on the appeal without reasonable delay. The secretary of the Board shall notify the appellant in writing of the decision of the Board. The Board shall keep minutes of all proceedings upon appeal, showing the vote of each member thereon, and shall keep records of its official actions.
Failure of the Board to act within 60 days, exclusive of summer vacation and holidays, from the date the appeal was received by the Board, or an extended period of time as may be agreed upon, shall at the election of the appellant be deemed a denial of the appeal.
(b) Appeals to City Council. Notwithstanding the provisions of Section 1137.05(a), any person adversely affected by a decision made by an administrative official that is based on an interpretation of the Planning Commission's and/or Council's directive, subsequent to site plan review or conditional use approval, may appeal such decision to Council by submitting such appeal in writing to the Clerk of Council.
(Ord. 2007-222. Passed 1-10-08.)