§ 70-181. Procedures for appeals from administrative decisions.

(a)

Who may appeal. Appeals to the planning and zoning board may be taken by any person aggrieved, including any officer, board, or commission of the city affected, by any decision of the administrative official under any provision of the land use regulations. Any such aggrieved person must first appeal such administrative official's decision to the planning and zoning board before appealing to circuit court, as provided below in section 70-243.

(b)

Staying of work on premises. An appeal to the planning and zoning board stays all work on the premises and all proceedings in furtherance of the action appealed for, unless the official from whom the appeal was taken shall certify to the planning and zoning board, by reason of facts stated in the certificate that a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the planning and zoning board or a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

(c)

Procedure . Any person appealing any decision of an administrative official shall make such appeal within 30 days after rendition of the order, requirement, decision or determination appealed from in writing to the planning and zoning board and file the same, and copies thereof, with supporting facts and data with the city manager. This does not, however, restrict the filing of a request for a special exception or variance by any person at any time as provided for elsewhere in the land development regulations. Upon receipt of the appeal, the city manager shall forthwith examine such appeal or request application and endorse his recommendation thereon together with all documents, plans, papers or other materials constituting the record upon which the action appealed was taken and transmit same to the planning and zoning board. Concurrently, the city manager shall transmit a copy of the appeal together with all documents, plans, papers or other materials constituting the record to the city attorney for his review and legal opinion. The city attorney shall present his legal opinion to the planning and zoning board with respect to two items as follows:

(1)

Whether the appeal is in fact an appeal and within the province of the planning and zoning board; and

(2)

The legal merits of the appeal proper, if requested by the board.

(Ord. No. 95-10, § 38-126, 9-19-95; Ord. No. 14-11, § 1, 11-4-14 ; Ord. No. 15-03, § 4, 7-7-15 ; Ord. No. 16-13, § 5, 10-18-16 )

Editor's note

Ord. No. 14-11, § 1, adopted November 4, 2014, amended the title of § 70-181 to read as set out herein. Previously § 70-181 was titled procedures for appeals to administrative decisions.