Administrative Appeal

The Noble County Unified Development Ordinance (UDO) provides a process for citizens who feel the decisions of the Plan Commission office are in error. This process is called an Administrative Appeal.

An example of an appeal from an administrative decision would be if someone disagrees with how the planning staff interprets a provision of the zoning ordinance and appeals that interpretation to the board. Citizen Planner Guide, page 30.

The following is text from the UDO explaining the Administrative Appeal process. You can download and read the entire documentation on Administrative Appeals by getting your copy of the UDO here.

Article 9.08 Administrative Appeal

A. Applicability: An Administrative Appeal applies to an applicant or interested party that wants a decision, interpretation, order determination, or action of the Zoning Administrator and/or enforcement officer to be overturned or corrected by the Board of Zoning Appeals. Any decision, interpretation, order determination, or action of the Plan Commission shall not be the subject of an Administrative Appeal.

B. Filing Requirements:

1. Application: A letter outlining the subject matter of the administrative appeal shall serve as the application for Administrative Appeal. The letter shall be submitted to the Zoning Administrator with the following supporting information.
2. Supporting Information: The following information shall be provided on the petition form.
   1. Applicant's name, mailing address, phone number, and/or email address.
   2. Applicant's standing (i.e. legal right to initiate the application).
   3. The Zoning Administrator or Enforcement Official that rendered the decision, interpretation, order determination, or action.
   4. A written statement describing the administrative decision, interpretation, order determination, or action; and the reason and facts supporting action by the Board of Zoning Appeals.
   5. Signature of the applicant with date.
   6. Any other information necessary to support a thorough review of the appeal as requested on the application form or from the Board of Zoning Appeals or Zoning Administrator.
3. Deadline: An application for an Administrative Appeal shall be filed with the Board of Zoning Appeals within thirty (30) days of the decision, interpretation, order determination, or action that is the subject of the appeal.
4. Suspension of Work: Ongoing work related to the decision, interpretation, order determination, or action being appealed shall be suspended until the Administrative Appeal is complete, or until the Board of Zoning Appeals authorizes full or partial work to resume prior to a Board of Zoning Appeals decision.
5. Fee: The applicable fee shall be paid at the time the application for Administrative Appeal is filed. Fees shall include reimbursement for any cost borne by the Board of Zoning Appeals to hire a professional engineer or other technician necessary to subsidize the county staff's capabilities for review.

C. Appeal Procedure:

1. Substantially Complete Application: An application for an Administrative Appeal shall not be issued a docket number or be scheduled for hearing by the Board of Zoning Appeals until it is determined to be substantially complete by the Zoning Administrator. The Zoning Administrator shall verify that the application (letter) and required supporting information have been submitted and that any applicable fees have been paid.

2. Assignment: Once an application for Administrative Appeal has been determined substantially complete, the Zoning Administrator shall assign a case number and place the appeal on the agenda of the Board of Zoning Appeals. The Zoning Administrator shall inform the applicant, in writing, of the date and time of the Board of Zoning Appeals meeting at which the appeal is to be heard.

3. Public and Interested Party Notice: The applicant shall be responsible for providing public notice in accordance with the Board of Zoning Appeals Rules of Procedure. The applicant shall also be responsible for returning proof of public notice to the Zoning Administrator at least three (3) business days before the meeting at which the appeal is to be heard. Failure to submit proof of notice may result in the Administrative Appeal being continued to the following month's Board of Zoning Appeals meeting

4. Transfer of Information:

a. The Zoning Administrator shall provide the applicant for Administrative Appeal any additional information that is being conveyed to the Board of Zoning Appeals in preparation for the                   meeting.

b. The Zoning Administrator or Enforcement Official that is the subject of the appeal shall transmit the documents, plans, and papers constituting the record regarding the case to the                       Board of Zoning Appeals.

c. The Zoning Administrator or the Enforcement Official that is the subject of the appeal may provide a written report explaining the final decision or action on the case.

5. Review: The Board of Zoning Appeals shall hear the Administrative Appeal at a regularly scheduled public meeting according to their Rules of Procedure. The Board of Zoning Appeals may consider information conveyed to them in writing and testimony during the hearing in making a decision.

6. Decision: Following the hearing and review, the Board of Zoning Appeals may reverse, affirm, or modify the decision, interpretation, order determination, or action from which the appeal stems. The Board of Zoning Appeals may also add conditions to its decision when warranted.

7. Appeal: Any person aggrieved by the decision of the Board of Zoning Appeals may appeal such decision to the Circuit or Superior Court of Noble County.