§ 1449-13. Procedures for Appeals from Decisions of the Zoning Administrator, the Director of Buildings and Inspections or the City Planning Commission.

The following procedures apply to appeals to the Zoning Board of Appeals from decisions of the Zoning Administrator, the Director of Buildings and Inspections or the City Planning Commission:

(a)

Application . The application procedure for appeals is as follows:

(1)

A person with standing as specified in § 1449-09, Appeals to the Zoning Board of Appeals, must file a notice of appeal on forms prepared and supplied by the staff for the Board.

(2)

All appeals must be accompanied by materials specified on the application form.

(b)

Remand . The board may remand a matter to the director in order to cure a deficiency in the record or the proceedings below.

(c)

Hearing . At the hearing the appellant and any affected person have the right to:

(1)

Present their positions, arguments and contentions.

(2)

Offer and examine witnesses and present evidence in support of positions, arguments and contentions.

(3)

Cross-examine witnesses purporting to refute their position, arguments and contentions. The board may limit the right of cross-examination to persons represented by counsel.

(4)

Offer evidence to refute evidence and testimony offered in opposition to their position, arguments and contentions.

(d)

Decision . The board has the duty to enter a decision in accordance with § 1449-17, Decision.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 299-2009, § 3, eff. Dec. 12, 2009; Emer. Ord. No. 141-2015, § 82, eff. July 1, 2015)