(a) Applicability. Any party aggrieved by an administrative order, requirement, decision or determination made under this Code by the Zoning Administrator, Chief Building Official or other authorized administrative official, board, commission or department of the City other than a recommendation of the Planning Commission to Council or any action of the Board of Zoning Appeals or Council, may appeal to the Board of Zoning Appeals.
(b) Approval Process. Appeals shall be decided only in conformance with the approval process provided in Chapter 1113
of the Planning and Zoning Code and subsection (f) hereof.
(c) Notice of Appeal.
(1) A notice of appeal shall be filed with the Zoning Administrator within twenty days of the later of:
A. The date of the order or decision being appealed, or
B. In the case of a denial of a certificate of appropriateness by the Historic Preservation Board, the expiration of a one month negotiation period beginning the date the petition was denied as provided in the special development approvals section.
(2) The Notice shall contain:
A. The name, address and telephone number of the party filing the appeal.
B. The location of the property affected by the decision being appealed.
C. Identification of the provision of the Code governing the decision being appealed.
D. A statement of the grounds on which the appeal is based.
E. The reason given by the administrative official or body for the decision.
F. A brief summary of the factual evidence upon which the appeal is based.
G. A plot plan and verbal description of the use affected by the decision being appealed.
(d) Stay of Proceedings. The filing of a notice of appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board of Zoning Appeals that in his or her judgment a stay would cause imminent peril to life, health or property. In such case, no proceedings shall be stayed without issuance of a restraining order by the Board of Zoning Appeals or a court of record.
(e) Hearing and Action. Upon receipt, the Zoning Administrator shall forthwith transmit the notice of appeal and the complete record of the decision to the Board of Zoning Appeals. The Board shall conduct a public hearing within sixty days of receipt of notice of appeal on the appeal.
After the conclusion of the hearing, the Board of Zoning Appeals shall within thirty days take final action on the appeal, whereby it may affirm, reverse or modify the action being appealed, subject only to judicial review in the Court of Common Pleas in accordance with applicable state statutes. To this end the Board shall have all the powers of the party from which the appeal was taken and may direct the issuance of a permit.
(f) Approval Criteria for Appeals. The Board shall reverse the order appealed only if it finds that the action or decision appealed:
(1) Was arbitrary or capricious, or
(2) Was based on an erroneous finding of a material fact, or
(3) Constituted an abuse of discretion, or
(4) Was based on erroneous interpretation of the Zoning Code or zoning law.
(Ord. 18-91. Passed 9-24-18.)