||How to Apply For A Zoning Or Sign Ordinance Appeal |
If a person disagrees with or believes there is an error in a determination or interpretation of the City Planner, acting as Zoning Administrator, regarding a provision of the zoning or sign ordinances, they may appeal to the Zoning Board of Adjustment. In lieu of an application form, the person appealing should submit a letter addressed to the Board, and delivered to the City Planner, explaining the circumstances and specifying the grounds for the appeal. An appeal stays all proceedings in furtherance of the action that is appealed unless the City Planner provides facts in writing to the Board demonstrating that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by a court of record if due cause is shown.
The appeal is scheduled for consideration at the next Zoning Board of Adjustment meeting date that provides sufficient time for publication of a notice in the local newspaper and written notification to all parties in interest.
A few days before the Zoning Board of Adjustment public hearing, the appellant will receive a copy of the meeting agenda and a copy of any correspondence prepared by the City Planner summarizing the positions in conflict.
The appellant, or the appellant’s representative should attend the Zoning Board of Adjustment meeting to present their case, and to answer any questions the commissioners may have. After hearing from the appellant and the City Planner, the Board votes to affirm, modify, or reverse the determination or interpretation of the City Planner.
Any person who disagrees with the Board’s decision may, within ten days after the date of the decision, file a petition in a court of record stating that the decision of the Board is illegal in whole or in part and specifying the grounds of the illegality.