1103.10 RIGHT OF APPEAL TO BOARD OF ZONING APPEALS.
Any person, landowner or operator who has a bona fide controversy with the Deputy Director of Planning and whose rights have been materially affected by any decision of the Deputy Director of Planning in the issuance or denial of a logging permit as provided herein or in the administration of the provisions of this chapter, shall within thirty days from the issuance or denial of the permit, be permitted to file with the Deputy Director of Planning an appeal in writing to the Board of Engineering and Zoning Appeals as hereinafter provided.
The appeal shall be based on one or both of the following grounds, to wit:
(a) That the action of the Deputy Director of Planning constituted an erroneous application of the provisions of this chapter, related laws and ordinances, or was otherwise contrary to law; and/or
(b) That the action of the Deputy Director of Planning imposes an undue hardship on the complainant, and a modified application or alternative arrangement is available and feasible, whereby the hardship can be relieved without defeating the purpose and intent of this chapter.
The complainant shall set forth in his petition on appeal the interpretation, ruling or order appealed from, and the provisions of this chapter and related laws and ordinances involved, and shall state wherein the interpretation, ruling or order is erroneous. If the appeal is based on the grounds of hardship, the petition shall show the nature of the hardship and point out what kind of modified application or alternative arrangement can be put into effect which shall relieve the hardship without defeating the purpose and intent of the provisions of this chapter.
No appeal shall be accepted for filing, unless the complainant at the time of filing the appeal, deposits with the Deputy Director of Planning the nonrefundable sum of two hundred fifty dollars ($250.00) which shall be submitted to the Director of Finance, to compensate the City for the costs and expenditures incurred by the City as a result of such appeal.
(Ord. 00-175. Passed 5-22-00.)