(a)
Authority.
In addition to the authorization of variances from the terms of this article [this ordinance], the BA shall have the authority to hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this article [this ordinance]. The BA may reverse or affirm, in whole or in part, or may modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose, the BA has the same authority as the administrative official. The BA may also hear and decide other matters authorized by this code and other ordinances regarding land use regulations.
(b)
Who May Appeal.
Any of the following persons may appeal to the BA a decision made by an administrative official:
(1) A person directly aggrieved by the decision; or
(2) Any officer, department, board, or office of the municipality affected by the decision.
(c)
Procedure for Appeal.
The appellant must file with the BA and the administrative official from whom the appeal is taken a written notice of appeal specifying the grounds for the appeal. The appeal must be filed within 60 days after the decision has been rendered. Upon receiving the notice, the official from whom the appeal is taken shall immediately transmit to the BA all papers constituting the record of action that is appealed. An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the BA facts supporting the official’s opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the BA or a court of record on application, after notice to the official, if due cause is shown. The appealing party may appear at the appeal hearing in person or by agent or attorney. The board shall decide the appeal within 4 weeks after a public hearing is concluded, after which time the request shall be deemed automatically approved if no formal action is taken. The board may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken, and make the correct order, requirement, decision, or determination.
See
ARTICLE 21: Board of Adjustment; Variances and Appeals for more information on the Board of Adjustment.
