Appeals to the Board of Adjustment, or the Community Redevelopment Agency if pertaining to the Community Redevelopment Area, may be taken by any person aggrieved by any decision of the administrative official(s) charged with the administration or enforcement of this Article.

The Board of Adjustment shall not have authority to consider appeals pertaining to the conditional use regulations, Section 18-1531; which shall be made to the City Council, or if pertaining to the Community Redevelopment Area, shall be made to the Community Redevelopment Agency.

(Ord. No. 3748, § 3, 10-28-2010)

Appeals shall be filed with the City Manager no more than fifteen (15) days after the date the subject decision is rendered. Failure to submit a fully completed application within the allotted timeframe shall constitute a waiver of the affected person's right to challenge the decision. The term "rendered" as used in this provision shall mean the date upon which the administrative official hand delivers, mails, emails, faxes or otherwise transmits the written decision to the person aggrieved by the decision.

(Ord. No. 3748, § 3, 10-28-2010)

(A)

FILING OF APPLICATION. Petitions for appeal of administrative decisions may be filed by any person substantially aggrieved by the literal enforcement of a provision of this Article. Such petitions shall be filed on forms provided by the City and shall be submitted to the Zoning Division. The applicant shall, no later than the time of application submittal, include any and all information that supports the petition. There shall be an application fee for each petition, as shall be set by Resolution of the City Council, as may be amended from time to time. The application fee shall be paid upon filing of the application.

(B)

PUBLIC NOTICE. The City Manager shall set a public hearing for a date not to exceed forty-five (45) days from the date that a complete appeal is filed unless an extension is agreed to by the City and the applicant, transmit to the Board of Adjustment or the Community Redevelopment Agency, as appropriate, all documents constituting the record upon which the action appealed from was taken, and give public notice of the hearing as provided in Section 18-1534. At the hearing any party may appear in person or by agent or representative. The City Manager may withdraw the appeal from the applicable agenda if, prior to the start of the public hearing, the administrative official whose determination is under appeal issues a written reversal of the decision being appealed.

(C)

PUBLIC HEARING PROCEDURE. The petition shall be heard pursuant to the City's quasi-judicial procedures, as set forth in Resolution 94-65. No new evidence that is not part of the original application submittal and staff analysis shall be admissible during the public hearing.

(D)

BURDEN OF PROOF ON THE APPLICANT. The applicant shall be responsible for, and shall bear the burden of, demonstrating by competent substantial evidence that the relief sought should be granted based upon the evidence on the record.

(Ord. No. 3748, § 3, 10-28-2010)

In rendering a decision relating to an appeal from an administrative decision, the Board of Adjustment or Community Redevelopment Agency, as appropriate, shall consider the following:

(A)

Whether there exists an error or ambiguity that must be corrected;

(B)

The general intent of the provision that is the subject of the appeal;

(C)

The impact of any finding on the surrounding community;

(D)

The testimony and submittals of any appellants, their counsel, agents, representatives, or witnesses; and

(E)

The testimony and submittals of the administrative official, his or her counsel, representatives, or witnesses.

(Ord. No. 3748, § 3, 10-28-2010)

An appeal stays all proceedings in furtherance of the action appealed from, unless the City Manager determines that a stay would cause imminent peril to life and/or property.

(Ord. No. 3748, § 3, 10-28-2010)

The Board of Adjustment, or Community Redevelopment Agency as applicable, shall have the authority to reverse, affirm, or modify wholly or in part, or modify any order, requirement, decision, or determination made by the administrative official in the interpretation or enforcement of any provision of this Article. The applicable board shall have all the powers of the administrative official from whose decision the appeal is taken. A violation of any provision of this Article, as interpreted by said board in its appellate capacity, shall be considered a violation of the provision that was the subject of the appeal, and shall be subject to enforcement procedures for same.

(Ord. No. 3748, § 3, 10-28-2010)