Any person aggrieved or effected by any order, decision, determination, or interpretation made by the City Planner or other administrative official of the City charged with administration or enforcement of this Ordinance, may appeal such decision to the Zoning Board of Appeals pursuant to the procedures and standards of this section.
a) Initiation of Appeal. An appeal pursuant to this section shall be initiated by filing a written appeal of the administrative decision/determination within 30 days of the date of the order, decision, determination or interpretation.
b) Contents of Appeal. The written appeal of the administrative decision/determination from the allegedly aggrieved person shall include a statement of the error or improper order, decision, determination or interpretation, the date of that decision, and all support materials related to the decision. A nonrefundable filing fee as set by resolution of the City Commission shall also be submitted.
c) Forwarding Record to the Appellate Body. Upon receiving the written appeal of the administrative decision/determination, the City Planner or other administrative official whose decision/determination is being appealed, shall transmit the written appeal of the administrative decision/determination and all papers, documents and other materials relating to the order, decision, determination or interpretation that is appealed to the Zoning Board of Appeals. This material shall constitute the record of the appeal.
d) Scheduling of Notice and Hearing. The City Planner shall schedule a hearing on the matter at the next regularly scheduled Zoning Board of Appeals meeting by which time notice can be provided consistent with the requirements of
§ A-8.1I.3: Written (Mailed) Notice.
e) Action by Zoning Board of Appeals. At the hearing on the appeal, the appellant or the appellant's agent shall state the grounds for the appeal and identify any materials or evidence from the record to support the appeal. The City Planner or other administrative official whose action is the subject of the appeal shall be given an opportunity to respond, as well as any other person(s) the Zoning Board of Appeals deems necessary. After the conclusion of the hearing, the Zoning Board of Appeals shall affirm, partly affirm, modify, or reverse the order, decision, determination, or interpretation, based on the standards in
§ A-8.3F.3: Standards. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, decision, determination, or interpretation on appeal.
3. Standards. An order, decision, determination or interpretation shall not be reversed or modified unless there is competent, material and substantial evidence in the record that the order, decision, determination or interpretation fails to comply with either the procedural or substantive requirements of this Ordinance, state law or the federal or state constitutions.
4. Conditions. The Zoning Board of Appeals may impose conditions upon an affirmative decision to ensure the requirements and purposes of this Ordinance are followed in the order, decision, determination, or interpretation.
5. Stay. A properly submitted appeal shall stay all administrative proceedings by the City in furtherance of the action appealed, unless the City Planner or other administrative official from whom the appeal is taken certifies to the Zoning Board of Appeals that a stay would cause imminent peril to life or property, in which case the administrative proceedings shall not be stayed unless a restraining order is granted by the Zoning Board of Appeals for good cause shown.
See Table 8.3-1 in
§ A-8.3A for a list summarizing the development review procedures for all types of applications for development approvals and other permits outlined in this section.
