(a)

A property owner may request a written decision from the zoning official setting forth the interpretation rendered in the application or enforcement of the Code to that property owner's property in the event that (1) the property owner is unsure of his/her/its rights under this article and wants an interpretation of this article as applied to that property owner's property; or (2) property owner desires to challenge an interpretation, application or enforcement of this article as applied to that property owner's property. The property owner's request for a written decision under this section should explain the circumstances and the applicable Code provisions at issue in sufficient detail to give the zoning official adequate information to issue a written decision. Upon the receipt of a sufficient request for a written decision on the interpretation, application or enforcement of this article, the zoning official must issue a written decision within ten days and send the same to the requesting property owner and to the owners of the properties adjacent to the requesting property owner's property. This section does not apply to final decisions on or the issuance of development orders or building permits.

(b)

A written decision issued by the zoning official under this section may be appealed by the property owner that sought the written decision or by any person aggrieved by the written decision by filing a written notice of appeal with the zoning official within 15 days from the rendition of the written decision. The written notice of appeal must state the grounds of the appeal and articulate in detail why the zoning official's written decision (or a portion thereof) is incorrect. The appeal will be transmitted to the planning and zoning board for a hearing. The planning and zoning board shall hear the appeal at their regular meeting that is scheduled in the period between 20 days and 45 days after the filing of the appeal providing sufficient time for notice of such hearing to be distributed in the same manner as for variances to this article. Such notice shall reflect that the decision of the planning and zoning board is subject to appeal by the city commission. The appellant shall pay to the city a fee prescribed by the city commission to cover the administrative costs of such an appeal. At the hearing the aggrieved person and parties in interest may appear in person or by agent or attorney. The zoning official may be represented by the city attorney or by such city official as he may designate.

(c)

Review of the decision of the planning and zoning board may be taken in the manner described below to the city commission.

(d)

On written application by the person aggrieved, the zoning official, the city manager or any member of the city commission, the city commission shall schedule a public hearing to review in such manner as the city commission may choose the decision of the planning and zoning board on such an appeal.

(e)

Such application shall be filed in writing with the zoning official within 15 days of the rendition of the planning and zoning board's decision on the original appeal. Notice of the hearing shall be mailed to the person aggrieved and to all owners of property within 200 feet of the property affected.

(f)

At the conclusion of the public hearing, the city commission may affirm the decision of the planning and zoning board or override that decision and either reinstate the original decision of the zoning official or substitute its own decision for that of both the planning and zoning board and the zoning official.

(g)

An appeal to the planning and zoning board and an application for review before the city commission shall stay all proceedings in furtherance of the decision appealed from or from which review is sought, unless the zoning official certifies to the city manager after the notice of appeal or application for review is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property.

(Ord. No. 2598-04, § 1, 8-9-04; Ord. No. 2796-10, § 2, 2-22-10; Ord. No. 3263-23, § 1, 2-8-23; Ord. No. 3317-24, § 1, 10-17-24)