The Zoning Board of Appeals (ZBA) is authorized to hear and decide appeals where it is alleged there has been an error in any order, requirement, decision or determination made by the Code Enforcement Officer or any other administrative official in the administration, interpretation or enforcement of this Zoning Ordinance.
Appeals of administrative decisions may be filed by any person aggrieved by the Code Enforcement Officer or other administrative official's decision or action. The ZBA is authorized to make determinations about whether individuals filing appeals are aggrieved by the decision or action.
A. 
Complete applications for appeals of administrative decisions must be filed with appropriate personnel in the Code Enforcement Office.
B. 
Appeals of administrative decisions must be filed within 60 days of the date of the decision being appealed.
The filing of a complete notice of appeal stays all proceedings in furtherance of the action appealed, unless the Code Enforcement Officer certifies to the ZBA, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property.
Upon receipt of a complete application of appeal, the Code Enforcement Officer or other administrative official whose decision is being appealed must transmit to the ZBA all papers constituting the record upon which the action appealed is taken.
Notice of required public hearings on appeals must be provided as required by the governing body and by state law. (See § 300-60.3C for additional information on public hearing notices.)
A. 
The ZBA must hold a public hearing on the appeal.
B. 
Following the close of the hearing, at the same or subsequent meeting, the ZBA must take action on the appeal.
C. 
In exercising the appeal power, the ZBA has all the powers of the official from whom the appeal is taken, and the ZBA may reverse the appeal or affirm the appeal, in whole or in part, or modify the decision being appealed.
D. 
In acting on the appeal the ZBA must grant to the official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.