Appeal a decision

Step 1.File Appeal

Written notice of appeal must be filed with the City Clerk no later than 30 days after written notice of the decision of an administrative official or the applicable committee (Historic Preservation Commission, Housing Appeals Board, Technical Review Committee). The appeal will be scheduled for public hearing before the Board of Adjustment based on the date the appeal was received in relation to submission deadlines for Board of Adjustment meetings(PDF, 264KB) .

Step 2.Board of Adjustment (BOA) Public Hearing

The BOA holds evidentiary hearings on appeals of administrative and committee determinations. Evidentiary hearings differ from other public hearings in the following ways:

• Ex parte communications between an applicant or an affected party and members of the BOA are prohibited. If such communications occur, they must be disclosed at the beginning of the hearing.
• Board members cannot participate in the hearing or vote on the application in a manner that would violate affected persons' constitutional rights to an impartial decision maker.
• All persons presenting evidence must do so under oath.
• All persons shall offer only competent, material and substantial evidence in their presentation. Competence shall be determined by the board in its decision.
• All persons with standing (as determined by the board) shall have the opportunity to cross-examine witnesses and inspect any evidence presented.
• All parties or persons with standing shall have the opportunity to offer competent evidence in explanation or rebuttal to objecting participants.

Step 3.Decision

• Decisions are based on the record of the proceedings.
• A majority vote is required to reverse or modify the determination of an administration official, the Technical Review Committee, the Historic Preservation Commission, or the Housing Appeals Board.