(a) Applicability. An appeal may be made regarding any administrative decision made in the administration and enforcement of this Zoning Code, including administrative decisions by the Zoning Administrator or Planning Commission. An appeal may not be made to the Appeals Board when the Planning Commission is making a recommendation to City Council as part of a legislative action, such as a zoning text or map amendment.
(b) Initiation. Appeals shall only be initiated by the applicant or an owner of property contiguous to the applicant's property, or an owner of property directly across any street or alley, from any order, decision, determination or interpretation made by the authority having jurisdiction who is charged with the administration or enforcement of this code.
(c) Timeline for Appeals. Appeals to the Appeals Board shall be filed within thirty (30) days from the decision, determination, or interpretation by the Zoning Administrator or Planning Commission, by filing a written notice of appeal with the Secretary of the Appeals Board. The notice of appeal shall specify the grounds for such appeal. Upon receipt of a notice of appeal, the Secretary of the Appeals Board shall forthwith transmit to the members of the Appeals Board all of the papers constituting the record upon which the decisions being appealed were based.
(d) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed unless the Zoning Administrator certifies to the Appeals Board, after notice of appeal has been filed with the Zoning Administrator, that by reason of facts stated in the certificate a stay would, in the Zoning Administrator's opinion, cause imminent peril to life or property. In such case, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Appeals Board, or by a court of competent jurisdiction on application.
(e) Hearing. The Appeals Board shall select a reasonable time and place for the hearing of an appeal and give at least five (5) days written notice thereof to the owners of property contiguous to the applicant's property, and owners of property directly across any street or alley, as they shall appear on the notice of appeal. In addition, public notice of such hearings stating the time, place, date, and subject of the hearing, shall be published in a newspaper of general circulation in the City at least five (5) days prior to the date of the hearing. The appellant may appear and be heard at the hearing in person, by agent, or by attorney.
(f) Review Criteria. A decision or determination shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the decision or determination fails to comply with either the procedural or substantive requirements of this code.
(g) Decision. The Appeals Board shall, hear and review the decision appealed and render their written decision on the appeal without unreasonable delay after the close of a hearing, and in all cases, within thirty (30) days after the close of the hearing.
(h) Records. The Secretary of the Appeals Board shall maintain complete records of all actions of the Appeals Board with respect to appeals.
(i) Authority. The Appeals Board shall have the authority to establish and adopt rules of procedures for the conduct of the hearing.
(Ord. 42-2022. Passed 9-6-22.)