(A) Notice of appeal. An appeal from any order, requirements, decision, or determination made by the Zoning Administrator, may be taken to the Planning and Zoning Board by any person aggrieved thereby. The appeal shall be taken by filing a notice of appeal with the Zoning Administrator within 20 calendar days of a written decision of the Zoning Administrator. The notice of appeal shall contain the following information:
(1) Name and address of applicant.
(2) The section of this chapter subject to the appeal.
(3) A description of the order, decisions, or determination of the Zoning Administrator being appealed.
(4) The grounds or reasons that appeal is being filed.
(B) Procedure for appeals. Upon receipt of the notice of appeal, the Zoning Administrator shall place the matter on the business agenda of the next regular meeting of the Planning and Zoning Board. The Zoning Administrator shall give at least seven days notice of the hearing in writing to the applicant by first class mail, to the members of the Planning and Zoning Board, and to any other person directly interested in the outcome of the appeal. Persons interested in the appeal shall mean owners of the subject properties identified; party which last paid the property taxes on the property; and all property owners immediately adjacent thereto.
(C) Findings for appeals. On an appeal from any order, decision or determination made by the Zoning Administrator, the Planning and Zoning Board shall be limited to determination of the propriety of the questioned action taken by the Zoning Administrator. The Planning and Zoning Board may reverse, affirm, or modify the action appealed. In order to reverse or modify an action, anyone or combination of the following findings must be satisfied:
(1) That the provision in question is unclear and an interpretation is necessary to determine the intent and application of the provision.
(2) That the Zoning Administrator misinterpreted the provisions of this chapter.
(3) That the section of this chapter does not apply in this situation.
(D) Rulings on appeals.
(1) The Planning and Zoning Board shall decide the appeal by the next regular meeting after the close of the hearing.
(2) The Planning and Zoning Board shall not, based on its decision on an appeal, grant a variation in the application of the regulations of this chapter.
(3) The Planning and Zoning Board may only reverse any order, requirement, decision, or determination of the Zoning Administrator with a concurring vote of four members of the Planning and Zoning Board.
(4) If the Planning and Zoning Board reverses or modifies any action of the Zoning Administrator, such decision shall state the findings that support the ruling.
(Ord. 2020-O-3, passed 2-18-2020)