(1)   All appeals to the BZBA shall be governed by Section 1202.03, including the time period for filing the appeal.

      (2)   All appeals to the Architectural and Historic Board of Review from a final action of the City Manager with respect to architecture/design/historic preservation compliance issues involving a minor residential improvement shall be filed with the secretary of the AHBR within ten days from the date of the City Manager's final action. The AHBR shall take final action on the appeal within forty-five days from the date that the appeal was filed unless the appealing party agrees to an extension verbally on the record during the AHBR hearing or in writing outside the hearing.

      (1)   Notice of appeal;

      (2)   Remand order;

      (3)   Hearing notice, including the hearing's date, time, and location; and

      (4)   Final decision.

   (g)   A reviewing body shall be confined to the underlying body or decisionmaker's record.

      (1)   The rule found in this subsection (g) applies unless, in the first level of an appeal from any final original order or decision, an appellant requests to submit additional evidence and it appears, on the face of the record, that one of the following applies:

         A.   The record does not contain a report of all evidence admitted or proffered by the appellant at the original hearing;

         B.   The appellant or its attorney was not permitted to appear and be heard in person and requested but was not permitted to do at least one of the following:

            1.   Present the appellant's position, arguments, and contentions;

            2.   Offer and examine witnesses and present evidence in support;

            3.   Cross-examine witnesses purporting to refute the appellant's position, arguments, and contentions;

            4.   Offer evidence to refute evidence and testimony offered in opposition to the appellant's position, arguments, and contentions; or

            5.   Proffer any such evidence into the record, if the admission of it is denied by the officer or body appealed from;

         C.   The testimony adduced was not given under oath;

         D.   The appellant was unable to present evidence by reason of a lack of the power of subpoena by the reviewing body or decisionmaker, or the refusal, after request, of that reviewing body or decisionmaker to afford the appellant an opportunity to use the power of subpoena when possessed by that body or official; or

         E.   The underlying body or decisionmaker failed to file with the record conclusions of fact supporting the final order, adjudication, or decision.

      (2)   If any circumstance described in paragraphs (g)(1)B.1. to 5. of this section applies, the reviewing body may hear the appeal upon the record and consider any additional evidence as may be introduced by any party. The reviewing body shall have all necessary subpoena power, and at the hearing, any party may call, as if on cross-examination, any witness who previously gave testimony in opposition to that party.

      (3)   The failure of an appellant to request a hearing under paragraphs (g)(1) and (g)(2) of this section shall constitute a waiver of the right to submit additional evidence.

(Ord. 18-93. Passed 10-15-19; Ord. 25-85. Passed 7-15-25.)

      (1)   Subdivision without final approval of a final subdivision plat or minor subdivision (no plat required);

      (2)   Grade, cut, clear, or undertake any other land disturbance activity without a zoning certificate;

      (3)   Residential development, including new single-family development on single lots, accessory structures, additions, alterations, or fences without a zoning certificate or a residential allotment pursuant to Chapter 1211;

      (4)   Industrial or commercial development including accessory structures, additions, alterations, or fences without a zoning certificate;

      (5)   Development, construction, alteration, expansion, demolition, or moving of a structure or building in a Historic District or involving a historic landmark without a certificate of appropriateness;

      (6)   Erect, move, replace, or alter a sign without a zoning certificate;

      (7)   Occupy, use, or change the use of any structure or land except in compliance with this Code;

      (8)   Create, expand, replace, or change a nonconforming use except in compliance with this Code;

      (9)   Failure to comply with any terms, conditions, or limitations contained on the site plan, subdivision plat, landscaping plan, building elevations, or other approved document pertaining to a development or subdivision that has received final approval from the City;

      (10)   Failure to comply with any condition of record imposed by the appropriate decision-maker upon its review of the final site plan, planned development plan, site-specific development plan, or other plan for development under the provisions of this Code; and

      (11)   Failure to comply with any provision of the Land Development Code not explicitly stated in the previous divisions (b)(1) through (b)(10) of this section.

      (1)   Whenever the City Manager determines that there is a violation of any provision of this Land Development Code, a notice of such violation shall be issued. Such notice shall:

         A.   Be in writing;

         B.   Identify the violation;

         C.   Include a statement of the reason or reasons why the notice of violation is being issued and refer to the section of the Land Development Code being violated; and

         D.   State the time by which the violation shall be corrected.

      (2)   Service of the notice of violation shall be as follows:

         A.   By personal delivery to the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person sixteen years of age or older;

         B.   By certified mail (return receipt requested) and first class mail simultaneously, addressed to the person or persons responsible at a last known address. Service shall be deemed complete when the fact of the mailing is entered of record, provided that the first class mail envelope is not returned by postal authorities with an endorsement showing failure of delivery; or

         C.   By posting a copy of the notice of violation in a conspicuous place on the premises found in violation.

   (f)   The court may require a person who is convicted of a violation of this Code to make restitution for all or part of the property damage it has caused by the offense and the court may require the person who is convicted to correct any violation of this Code.

(Ord. 18-93. Passed 10-15-19.)