§ 409. Appealing an action of the zoning administrator, building official, or planning and zoning commission.

(a)

If the zoning administrator or building official executes an action which the aggrieved party believes to be contrary to this section, that action may be appealed. Such an appeal must be filed within 30 days of the date on which the action by the zoning administrator or building official was taken.

(b)

The planning and zoning commission has jurisdiction for hearing appeals concerning actions of the zoning administrator or building official related to this section. Applications for appeal may be obtained from and submitted to the zoning administrator, who will transmit them to the planning and zoning commission for its consideration.

(c)

When an action of the zoning administrator or building official is appealed, all construction or other activity authorized by the appealed action must be stopped immediately. In certain cases, however, the building official may feel that the stopping of such construction or other activity authorized by the appealed action will cause imminent peril to life or property. Then, the building official may certify to the planning and zoning commission that, by reason of facts stated in the certificate, the halting of construction or other activity authorized by the appealed action would in his opinion cause imminent peril to life or property. In such cases, the construction or other activity authorized by the appealed action is allowed to continue unless the construction is halted by the planning and zoning commission or a restraining order is granted by a court of competent jurisdiction.

(d)

When an application for appeal of an action of the zoning administrator or building official is received, the planning and zoning commission will set a time and place for a public hearing on the appeal. Notice of the hearing must be published in a newspaper of general circulation in the county at least 15 days before the hearing. In addition, the parties to the appeal will be notified of the date of the hearing by the planning and zoning commission by certified mail with return receipt requested. Any person may appear at the hearing, or have a representative attend instead.

(e)

The planning and zoning commission will make a decision concerning the appeal and record the decision in the minutes for that meeting. Any person aggrieved by any decision of the planning and zoning commission (including but not limited to decisions on appeals or variances) may appeal such decision to the county board of commissioners. Such an appeal must be filed in writing with the zoning administrator within 30 days of the date of the decision being appealed. When an application for appeal of a decision of the planning and zoning commission is received, the board of commissioners will set a time and place for a public hearing on the appeal. Notice of the hearing must be published in a newspaper of general circulation in the county at least 15 days before the hearing. In addition, the parties to the appeal will be notified of the date of the hearing by the board of commissioners by certified mail with return receipt requested. Any person may appear at the hearing, or have a representative attend instead.

(f)

An application for appeal of an action of the zoning administrator or building official may be withdrawn by the applicant as a matter of right until 5:00 p.m. the day prior to the meeting of the planning and zoning commission or the board of commissioners at which such application is scheduled to be heard. Such withdrawal must be in writing and must be received by the zoning administrator by 5:00 p.m. the day before the scheduled meeting.

(Amd. of 11-6-07(3))

Editor's note

An amendment adopted Nov. 6, 2007(3), enacted provisions designated as §§ 409—414, and have been treated as superseding the former §§ 410—414, which pertained to similar subject matter and derived from an ordinance adopted April 3, 2001; an ordinance adopted May 1, 2001; an amendment adopted June 4, 2002(1); an amendment adopted Nov. 5, 2002; an amendment adopted Aug. 3, 2004; and an amendment adopted April 5, 2005(3).