(a)

Purpose. The administrative appeals process is intended to review decisions of the Zoning Administrator to provide appropriate checks and balances on administrative authority. Administrative appeals also apply to appeals of the site plan review process within the VC District, which are heard by the Appearance Review Commission.

(b)

Initiation.

(1)

Appeals of Zoning Administrator Decisions.

(A)

An appeal of a Zoning Administrator decision may be initiated by one (1) or more persons or entities, including a unit of local government, aggrieved by an administrative order, requirement, decision or determination made under this Ordinance by the Zoning Administrator. These persons or entities are considered the appellant.

(B)

The Zoning Administrator is considered the appellee in each appeal filed. The Zoning Administrator has the right, but not the duty, to appear, participate in and defend as the appellee in each proceeding.

(C)

When the appellant is not the owner of the subject property concerned in the appeal, the owner of the subject property is considered an additional appellee when such an appeal is filed. Such appellee has the right, but not the duty, to appear, participate in, and defend as an additional appellee in each proceeding filed.

(2)

Appeals of Site Plan Review Decisions in the VC District. If an applicant wishes to contest the findings of the required site plan review, the applicant may request a review by the Appearance Review Commission.

(c)

Authority and Execution.

(1)

Any administrative order, requirement, decision, or determination made by the Zoning Administrator, including the issuance of a building permit, fence permit, certificate of occupancy, and letter of interpretation, may be appealed to the Zoning Board of Appeals.

(2)

In the VC District, if an applicant wishes to contest the findings of the required site plan review, the applicant may request a review by the Appearance Review Commission. The findings of the Appearance Review Commission, in this instance, shall be considered final, subject only to modifications resulting from recommendations of any special hearing board.

(d)

Procedure for Appeals of Zoning Administrator Decisions.

(1)

Application. An appeal must be filed in writing with the Zoning Administrator no later than thirty (30) days after the contested action, except in the case of a letter of interpretation where the appeal shall be filed no later than thirty (30) days after the Zoning Administration mailed such letter. The appeal must state the following:

(A)

The name of the appellant and the interest in the appeal.

(B)

The common address of the subject property.

(C)

The administrative decision of the Zoning Administrator from which the appeal is taken.

(D)

The specific provisions of the Ordinance claimed by the appellant to be erroneously applied or interpreted by the Zoning Administrator.

(E)

The specific reasons why the appellant asserts that the Zoning Administrator's application or interpretation of the Ordinance is erroneous.

(F)

The specific relief being sought by the appellant.

(2)

Scheduling.

(A)

The administrative appeal will be placed on the agenda of the Zoning Board of Appeals for consideration at the earliest available meeting. Should appeals be filed by multiple parties concerning the same subject property and administrative action, the Zoning Administrator may, to the extent practicable, schedule all such appeals for consideration at the same meeting.

(B)

The Zoning Administrator must assign a consecutive number for identification of all matters in the order in which they are received and, insofar as it is practicable, place them on the agenda of the Zoning Board of Appeals in numerical order.

(C)

If the administrative appeal to be filed by a person other than the owner of the subject property, then the Zoning Administrator will notify the owner of the appeal and provide the owner with a copy of the appeal filed, by personal service, overnight delivery or certified mail, no later than five (5) days after the filing of the appeal.

(D)

The Zoning Administrator must provide the owner of the subject property and any other party to the appeal with written notice of the date, time and place of the meeting in advance of the scheduled meeting date.

(3)

Action by the Zoning Board of Appeals.

(A)

The Zoning Board of Appeals will consider the appeal at a regular or special meeting. If multiple appeals have been filed concerning the same subject property, then the appeals may be consolidated by the Zoning Board of Appeals in a single hearing.

(B)

The hearing by the Zoning Board of Appeals of an administrative appeal is a proceeding of record, and an official court reporter must take a verbatim transcript of the proceeding.

(C)

The Zoning Board of Appeals will, by resolution, reverse, affirm, or modify the contested administrative action or decision. In reversing, affirming, or modifying the contested action, the Zoning Board of Appeals has all related powers of the Zoning Administrator.

(D)

The contested action or decision may not be modified unless the Zoning Board of Appeals finds by clear and convincing evidence that the Zoning Administrator has made an error in the application of interpretation of the terms of this Ordinance or other related policies adopted by the Village, and the burden of proof for demonstrating same is on the appellant(s).

(E)

In the event that the contested action is reversed or modified by the Zoning Board of Appeals, all subsequent administrative actions with regard to the subject matter must be in accordance with the reversal or modification granted by the Zoning Board of Appeals.

(e)

Procedure for Appeals of Site Plan Review Findings in the Village Center District.

(1)

Application. The site plan review application and all required findings must be forwarded to the Appearance Review Commission.

(2)

Scheduling. The appeal will be placed on the agenda of the Appearance Review Commission for consideration at the earliest available meeting.

(3)

Action by the Appearance Review Commission.

(A)

The Appearance Review Commission will consider the appeal at a regular or special meeting. If multiple appeals have been filed concerning the same subject property, then the appeals may be consolidated by the Zoning Board of Appeals in a single hearing.

(B)

The Appearance Review Commission shall determine if the site location and design aspects of the application are in conformance with the requirements of the VC District. The Appearance Review Commission shall consider both the standards of the VC District and the standards of review of Section 30-5.6.(d).

(C)

The findings of the Appearance Review Commission shall be considered final, subject only to modifications resulting from recommendations of any special hearing board.

(f)

Stay of Proceedings.

(1)

Until a final decision regarding the contested action has been rendered, the filing of the administrative appeal will stay any proceedings in furtherance of the contested action and any development permitted by the contested action.

(2)

The Zoning Board of Appeals, at a public meeting, may lift this stay when the Zoning Administrator certifies to the Zoning Board of Appeals that the stay would cause imminent peril to life or property. Nothing precludes the Zoning Administrator from permitting a person or entity engaged in the development that is being appealed to take reasonable action to stabilize an excavation or partially completed structure or other action to protect against imminent peril to life and property during the time between the filing of the appeal and the Zoning Board of Appeals determination.

(g)

Time Limitations on Appeals. An appeal must be filed no later than thirty (30) days after the date of the contested action, except in the case of a letter of interpretation, in which case the administrative appeal must be filed no later than thirty (30) days after the date when the Zoning Administrator mailed notice.

(Code 1993, § 20-5.15)