§ 45-3202. Procedure for appeal of alleged administrative errors.

(a)

An appeal to the board for an alleged administrative error may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the zoning administrator.

(b)

An appeal must be taken within thirty (30) days after the decision appealed from by filing with the zoning administrator and with the board a notice of appeal specifying the grounds therefor. Notwithstanding the foregoing, appeals for a notice of violation involving temporary or seasonal commercial uses, parking of commercial vehicles in residential zoning districts, or similar short term, recurring violations must be taken within ten (10) days after notice of the violation is provided.

(c)

Upon receipt of the notice of appeal, the zoning administrator shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken. Such papers shall also be made available without cost to the appellant within three business days of providing such materials to the board.

(d)

An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the board that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order granted by the board or by a court of record, on application and with notice to the zoning administrator, and for good cause shown.

(e)

The board shall fix a reasonable time for the hearing of an appeal, give public notice once a week for two (2) successive weeks in some newspaper published, or having general circulation in the City of Newport News, as well as due notice to the parties in interest and decide the same within ninety (90) days of the filing of the appeal. The public notice shall specify the time and place of the hearing and final notice shall appear not less than six (6) nor more than twenty-one (21) days before the date of the public hearing. The term two (2) successive weeks shall mean that such notice shall be published at least twice in a newspaper with not less than six (6) days elapsing between the first and second publication. In exercising its powers, the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination from which appealed.

(Ord. No. 5028-97, § 1; Ord. No. 5484-00, § 1; Ord. No. 6713-10; Ord. No. 7193-15)

(Ord. No. 5028-97, § 1; Ord. No. 5484-00, § 1; Ord. No. 6713-10; Ord. No. 7193-15)