§ 403.100. Appeals Of Administrative Decisions., Chapter 403. Development Review Procedures, Unified Development Code, Code of Ordinances, Blue Springs

Overview/Applicability. The appeal of administrative decisions is a process to determine if there was an error in any interpretation, administration, application or enforcement of this Development Code by an administrative official of the City. Appeals of administrative decisions may be filed by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Appeals of administrative decisions shall be filed within ten (10) days of the date of the decision being appealed.

Effect Of Filing. The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the official whose decision is being appealed certifies to the Board of Adjustment, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to, or poses irreparable harm to, life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record.

Action By Director Of Community Development. The Director of Community Development or the administrative official whose decision is being appealed shall transmit to the Board of Adjustment all papers constituting the record upon which the action appealed is taken within thirty (30) days of receipt of such filing of the appeal.

Review And Action — Board Of Adjustment. Appeals of administrative decisions shall be taken to the Board of Adjustment. The Board of Adjustment shall grant the administrative official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant. In exercising the appeal power, the Board of Adjustment shall have all the powers of the official from whom the appeal is taken, and the Board of Adjustment may reverse or affirm wholly or partly or may modify the decision being appealed. If the Board of Adjustment determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the official from whom the appeal is taken, with directions to obtain such evidence if available to such official and to reconsider the decision in light of such evidence. The Board of Adjustment shall take action on an appeal within a reasonable period of time after application submittal, but in no case more than sixty (60) days after receipt of a complete application. A concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse or modify any order, requirement, decision, or determination of an administrative official.

Review Criteria — Findings Of Fact. An appeal shall be sustained only if the Board of Adjustment finds that the administrative official erred. Every decision of the Board of Adjustment shall be accompanied by written findings of fact specifying the reason for the decision and said written findings shall be filed in the office of the Board of Adjustment within fifteen (15) days after the date of the final action.

Appeals Of Board Of Adjustment Decisions. Any person, including any City Official or City Council, aggrieved by a decision of the Board of Adjustment may present to the Circuit Court of the County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within thirty (30) days after the date on which the Board of Adjustment's written decision on the matter is filed in the office of the Board of Adjustment.