Subsection 8101.8 of the Zoning Ordinance sets forth the submission requirements for appeals. All elements of the submission requirements must be met within the established filing time frame before the appeal can be accepted and scheduled for public hearing.
Each appeal application must include the following:
- A copy of the order, requirement, decision, or determination that is the subject of the appeal;
- The date when the decision being appealed was made;
- The appellant's grounds for and the reasons for the appeal;
- Specification as to how the appellant is an aggrieved person. (For example, the owner of property affected by the determination, the adjacent property owner affected by the determination, etc.) If the appellant is a County officer, department, board, or bureau, the statement must specify how the appellant is affected by the decision; and
- Any other supportive data as the appellant may desire in the record, including plats, plans, drawings, charts, or related material. If supportive data is oversized, at least one copy no larger in size than 8 ½" x 11" must be provided.
The filing fee is $660. Fees are paid electronically at the end of the application submission process. A service charge of 2.35% will be added to all fees paid with a credit card. If the appeal is withdrawn, there will be no refund of the filing fee.
If staff determines that the appeal is complete and timely filed, the appeal will be administratively accepted. However, if staff has a question regarding the completeness, or timeliness of an application, whether the scope of the appeal should be limited, or whether the determination at issue is within the jurisdiction of the BZA, the appeal application will be forwarded to the BZA for a determination as to whether the appeal should be accepted. In such instances, the appellant will be notified of staff's position regarding acceptance of the appeal and of the opportunity to address the BZA.
