Administrative Appeal
12 stepsAppeal of a decision made by an administrative official, typically the Zoning Administrator. Board reviews whether the administrative decision was correct. Per Chapter 180-105(A)(1) and 180-107.
Board of Zoning Appeals (BZA)
Appeal Filed
Record Transmitted
Staff Review
Hearing Scheduled
Hearing Held
Appeal Withdrawn
Written Decision Pending
Administrative Decision Affirmed
Administrative Decision Reversed
Administrative Decision Modified
Reconsideration
Appealed to Circuit Court
graph TD
appeal_filed(["Appeal Filed"])
record_transmitted["Record Transmitted"]
staff_review["Staff Review"]
hearing_scheduled["Hearing Scheduled"]
hearing_held["Hearing Held"]
withdrawn["Appeal Withdrawn"]
decision_pending["Written Decision Pending"]
affirmed["Administrative Decision Affirmed"]
reversed["Administrative Decision Reversed"]
modified["Administrative Decision Modified"]
reconsideration["Reconsideration"]
appealed_circuit_court["Appealed to Circuit Court"]
appeal_filed -->|"Record Received from Zoning Administrator"| record_transmitted
appeal_filed -->|"Returned - Incomplete or Late"| appeal_filed
record_transmitted -->|"Assigned for Review"| staff_review
staff_review -->|"Hearing Date Set"| hearing_scheduled
hearing_scheduled -->|"Hearing Conducted"| hearing_held
hearing_scheduled -->|"Postponed"| hearing_scheduled
hearing_scheduled -->|"Appeal Withdrawn After Scheduling"| withdrawn
hearing_held -->|"Continued"| hearing_held
hearing_held -->|"Record Closed"| decision_pending
hearing_held -->|"Withdrawn at Hearing"| withdrawn
decision_pending -->|"Decision Affirmed"| affirmed
decision_pending -->|"Decision Reversed"| reversed
decision_pending -->|"Decision Modified"| modified
affirmed -->|"Motion to Reconsider"| reconsideration
reversed -->|"Motion to Reconsider"| reconsideration
modified -->|"Motion to Reconsider"| reconsideration
reconsideration -->|"Reconsidered - Affirmed"| affirmed
reconsideration -->|"Reconsidered - Reversed"| reversed
reconsideration -->|"Reconsidered - Modified"| modified
affirmed -->|"Appealed to Circuit Court"| appealed_circuit_court
reversed -->|"Appealed to Circuit Court"| appealed_circuit_court
modified -->|"Appealed to Circuit Court"| appealed_circuit_court
Transitions (22)
- appeal_filed → Record Received from Zoning Administrator → record_transmitted
- appeal_filed → Returned - Incomplete or Late → appeal_filed
- record_transmitted → Assigned for Review → staff_review
- staff_review → Hearing Date Set → hearing_scheduled
- hearing_scheduled → Hearing Conducted → hearing_held
- hearing_scheduled → Postponed → hearing_scheduled
- hearing_scheduled → Appeal Withdrawn After Scheduling → withdrawn
- hearing_held → Continued → hearing_held
- hearing_held → Record Closed → decision_pending
- hearing_held → Withdrawn at Hearing → withdrawn
- decision_pending → Decision Affirmed → affirmed
- decision_pending → Decision Reversed → reversed
- decision_pending → Decision Modified → modified
- affirmed → Motion to Reconsider → reconsideration
- reversed → Motion to Reconsider → reconsideration
- modified → Motion to Reconsider → reconsideration
- reconsideration → Reconsidered - Affirmed → affirmed
- reconsideration → Reconsidered - Reversed → reversed
- reconsideration → Reconsidered - Modified → modified
- affirmed → Appealed to Circuit Court → appealed_circuit_court
- reversed → Appealed to Circuit Court → appealed_circuit_court
- modified → Appealed to Circuit Court → appealed_circuit_court
Notice Requirements
| Requirement | Details |
|---|---|
| Newspaper | 2 consecutive issues, first at least 15 days prior to hearing |
| Certified Mail | Appellant and contiguous property owners |
| Filing Deadline | 30 days from administrative decision |
| Property Posting | 22x28 inch sign, at least 14 days before hearing |
| Expert Reports Applicant | At filing unless Board grants extension |
| Expert Reports All Parties | Due no later than 20 days before hearing |
Application Requirements
| Requirement | Details |
|---|---|
| Grounds | Must specify grounds of appeal in the filing |
| Stay Effect | Filing stays the administrative decision unless stay is specifically denied |
| Legal Standard | Board may reverse, affirm wholly or partly, or modify the decision. Makes such order as ought to have been made. |
| Code References | 180-105(A)(1), 180-105(B), 180-107, 180-108 |
| Filing Deadline | Must be filed within 30 days of the administrative decision being appealed |
| Bar On Withdrawal | 1 year from date of withdrawal if hearing was set, advertised and posted |
| Bar On Disapproval | 2 years from date of disapproval for substantially similar proposal on same premises |
| Record Transmission | Zoning Administrator transmits entire record to Board upon filing |