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Appeal of Administrative Decision Application and Process

Steps

  1. 1. Step One
  2. 2. Step Two
  3. 3. Step Three
  • Step One

    1. Appeal of Administrative Decision: Procedure Overview

    2. An appeal to an order, requirement decision or determination made by the Director of Community Development in the administration and enforcement of the City’s Land Development Code (LDC) is permitted by Section 12-72. Such appeal must go to a public hearing before the Board of Adjustment. From filing to final decision, an appeal petition typically takes two (2) months. The planner assigned to your petition will be your main contact person throughout the process.

    3. Sec. 12-72. - Board of Adjustment

    4. (c)(1) Powers and duties. The Board of Adjustment shall have the following powers and duties:

    5. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Director of Community Development in the administration and enforcement of this LDC. (Ord. No. 1161, 2-21-2006; Ord. No. 1252, 8-4-2009)

    6. (d)(6) Appeals: Appeals to the Board may be taken by any person affected by a decision regarding the interpretation of this LDC.

    7. a.

    8. Such appeals shall be filed within ten (10) days of notice of the decision appealed from, by filing with the City a notice specifying the grounds upon which the appeal is based. The appeal shall be transmitted to the Board, including all information containing the record upon which the action appealed from was taken.

    9. b.

    10. No appeal requesting the same relief in regard to the same property shall be received or heard by the Board for a period of one hundred eighty (180) days following the date of any action taken by the Board in the matter, except that this limitation shall not affect the right of the Board to grant a rehearing for cause.

    11. c.

    12. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the Director certifies to the Board, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life and property.

    13. d.

    14. In each case, proceedings shall not be stayed otherwise, than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the Director of Community Development, or on due cause shown. (Ord. No. 1161, 2-21-2006; Ord. No. 1252, 8-4-2009)

    15. e.

    16. The appellant and any other public agency or private individual shall be entitled to present evidence on matters before the Board and the Board may request additional technical service, advice, or factual evidence as may be necessary from time to time.