Overview / Processes / Administrative Appeal
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Appeal Withdrawn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    withdrawn["Appeal Withdrawn"]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|"Appeal Withdrawn After Scheduling"| withdrawn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|"Withdrawn at Hearing"| withdrawn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

RequirementDetails
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

RequirementDetails
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