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73 Staff Report TO: FROM: RE: Chesapeake Board of Zoning Appeals Dale Ware, AICP, CZA Application # ZON-BZA Battlefield Boulevard, North Hearing Date: January 26, 2017 Application # ZON-BZA Christopher H. Falk, Esq., and John A. Biddle POA for EMS, L L C ET ALS; property owners, 900 BATTLEFIELD BLVD N, pursuant to Section of the Chesapeake Zoning Ordinance, appealing a Notice of Violation dated October 28, 2016 for violation of Section of the Chesapeake Zoning Ordinance that the use of such property constitutes Outdoor Recreation Facilities Not Elsewhere Classified requiring a conditional use permit. The property is further identified as B-2 SUB PAR B-1 & 2 HOLLYWOOD ASSOC LLC AC, Parcel No , Zoning Classification B-2, general business. Background Information: Code Compliance issued a notice of violation to the operator/tenant on the property for use of the property as an Outdoor Recreation Facility Not Elsewhere Classified without a conditional use permit. The applicant is appealing the notice of violation dated October 28, 2016 for an inspection observed on October 27, The applicant was advised of financial responsibility for advertising costs. This application was advertised in the Chesapeake Clipper section of the Virginian Pilot Newspaper and adjacent property owners were mailed notice of this request in accordance with Section of the Code of Virginia. Staff Analysis and Recommendation: The Board of Zoning Appeals is authorized under Section of the Code of Virginia and Section et seq. of the Chesapeake Zoning Ordinance to hear appeals from any order, requirement, decision or determination made in the interpretation, administration or enforcement of the Zoning Ordinance. In this capacity, the BZA exercises appellate jurisdiction as a quasi-judicial body, and its task is to determine whether the Zoning Administrator was correct in the interpretation and application of the Zoning Ordinance. In doing so, the BZA shall consider the purpose, intent and meaning of the ordinances, laws and regulations in question. In no event, shall the BZA substitute its judgment for that of the City Council by basing its decision on the merits of the ordinances and regulations at issue. The decision of the Zoning Administrator is presumed to be correct, with the burden being upon the applicant to demonstrate the error. 1

74 Section of the Zoning Ordinance requires that the decision of the BZA be supported by findings of fact and a conclusion that the decision of the Zoning Administrator is, (1) correct in the interpretation and application of the zoning ordinance; (2) plainly wrong in the interpretation of the zoning ordinance; or (3) plainly wrong in the application of the zoning ordinance to the particular facts presented. In exercising this authority the BZA may, in conformity with the provisions of the ordinance, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from. Based upon the inspection it was observed the use of such property was an Outdoor Recreation Facility Not Elsewhere Classified on property zoned B-2 without a conditional use permit and therefore the notice of violation was issued correctly. As such; staff respectfully requests that the BZA uphold the October 28, 2016 violation notice without modification. EXCERPTS FROM THE CHESAPEAKE ZONING ORDINANCE Table of permitted and conditional uses in business districts Description. A. In general. The following tables set out all uses which are permitted or which may be allowed through the granting of a conditional use permit by city council, in all business districts in the city. Where a use is not listed it shall not be allowed as a permitted or conditional use in these districts; provided, however, that, in those instances where a proposed use not listed below is determined by the zoning administrator to be of a similar nature or character as a listed use and such proposed use is also listed in the Standards of Industrial Categories (SIC) Manual, published by the Federal Office of Management and Budget, such proposed use may be treated in the same manner as the listed use. Any decision by the zoning administrator regarding such a proposed use shall be made in writing. 2

75

76 B. Key of symbols used in table. The symbols in the table below shall have the following meanings: B-1 Neighborhood business district B-2 General business district B-5 Urban business district MXD-U P C Mixed use urban district Permitted use Conditional use R S U Rural overlay district Suburban overlay district Urban overlay district C. Special conditions pertaining to specific uses. The following conditions shall apply to specific uses, as indicated in the "condition" column in the uses schedule: 1. See section et seq. for supplemental regulations. 2. Limited to dog grooming, pedigree record services for pets and showing pets only. 3. See chapter 26, article VII (section et seq.), of the city Code and section et seq. for supplemental regulations. 4. All activities, including storage, shall be conducted within a completely enclosed building. 5. An assembly use located in, or that will be located in, a building containing more than one leasable space and required to obtain a conditional use permit shall submit all the following in addition to the requirements of article 17: a. A certification from the landlord or the property owner that the on-site parking can accommodate the assembly use and the existing and future co-tenants either by meeting the criteria set out in section or by obtaining approval of a cooperative parking arrangement under section If required off-street parking can only be achieved with the approval of a cooperative parking arrangement, a request for cooperative parking shall be included. 3

77 b. A noise attenuation plan including the landlord or property owner's certification that the building has sufficient noise attenuation qualities to make the assembly use compatible with neighboring units and properties. Units and spaces in which assembly uses operate shall comply with the Virginia Statewide Building Code and all amendments. c. A written acknowledgement from the landlord or property owner that required plans must be submitted with an architectural seal that demonstrates compliance with the Virginia Uniform Statewide Building Code, as amended. d. A written acknowledgment that a certificate of occupancy must be obtained before the assembly use occupies the space. Units and spaces in which assembly uses operate shall comply with the Virginia Uniform Statewide Building Code. 6. See section et seq. for supplemental regulations. 7. See section et seq. for supplemental regulations. 8. See section et seq. for supplemental regulations. 9. Subject to section et seq. 10. Operated in accordance with chapter 14, article VI (section et seq.) of the City Code. 11. Alternative lending establishments shall require a conditional use permit. See section et seq. for supplemental regulations. 12. Limited to retail sales only; all operations shall be approved by the fire chief and risk management. 13. See section et seq. for supplemental regulations. 14. Auction rooms shall not be permitted in the B-1 district. 15. In accordance with section of this ordinance. 16. No more than 2,000 square feet of floor area shall be devoted to laundering and finishing processes and no coal-burning or smoke-producing equipment shall be used. 17. Floor area devoted to dry cleaning, pressing and dyeing is limited to 2,000 square feet. 18. Buying clubs and college clearinghouses shall not be permitted in the B-1 district. Massage therapy establishments and massage therapists must comply with all applicable requirements of the city code to be a permitted use. 19. See section et seq. for supplemental regulations. 20. See section et seq. for supplemental regulations. 21. Raising of animals for experimental purposes is excluded. 22. See section et seq. for supplemental regulations. 23. No such establishment shall be used for private gain. 24. See section et seq. for supplemental regulations. 25. A buffer yard "B," as defined in section , shall be provided where the home furnishing shop is located on B-1 property which borders properties zoned Assembly or Office and Institutional. 4

78 26. Commercial establishments in which a principal or accessory use includes either or both (1) animal obedience training or other instruction and (2) animal grooming, including but not limited to shampooing, haircutting, flea treatment, or nail clipping shall comply with the following requirements set out below: a. All instruction or grooming activities, whether on-site or off-site, shall occur inside an enclosed building or yard that is completely enclosed by a fence or similar barricade. b. Where the site for such activity is located adjacent to property being used for residential purposes, no outdoor instruction activity shall be carried out earlier than 8:00 a.m. or later than 9:00 p.m. 27. Solid waste management facilities, as defined in section of the City Code, shall be developed and operated in compliance with the requirements of article II and article IV of chapter 62 of the City Code. 28. See subsections E. and D. for supplemental regulations. a. Establishments located in the B-5 urban business district and that are larger than 10,000 square feet and in which wholesale activities, including production are to take place, shall only be permitted upon the approval of a conditional use permit by city council. 29. Permitted only on municipal (Chesapeake) sites and as permitted in section of this ordinance. 30. Netting shall be required for driving ranges along any property line, or portion thereof, which is located (1) less than one hundred fifty (150) yards to the rear or to either side of a tee area, or (2) less than three hundred (300) yards in front of a tee area. Where required hereunder, the netting shall be installed between the driving range and required landscape buffers. If no landscape buffer is required under article 19, the netting shall be installed no less than ten (10) feet from the property line at issue. Notwithstanding fence height restrictions in article 14, the netting shall not be less than thirty-five (35) feet in height. In issuing a conditional use permit for a driving range, the city council may vary the standards herein by stipulation. In any case, netting requirements may be waived by city council or where no conditional use permit is required, by the planning commission as a special exception, where it is determined that existing trees and shrubs border the driving range in such a manner as to provide neighboring properties with the same level of protection from golf balls as would netting. 31. A conditional use permit shall be required for any eating or drinking place selling alcoholic beverages for on-premises consumption and meets one (1) of the following conditions: a. The eating or drinking place is open for business after 12:00 a.m. and any portion of such property containing an eating and drinking place is located within two hundred (200) feet of any lot line of any property zoned or used for residential purposes. Where an eating and drinking place is located in a shopping center, the 200-foot distance shall be measured from the outer walls of the unit or space in which the eating and drinking place is located. b. The eating or drinking place is adjacent to the following: 1. Property containing a church in a freestanding building; 2. Property containing a public or private school in a freestanding building; 3. Hospital in a freestanding building, or 5

79 requirements of the Virginia Alcoholic Beverage Control Board. 38. See section et seq. of this ordinance for supplemental regulations. D. Mixed use dwellings in the B-1 neighborhood business district and the B-5 urban business district. In addition to the permitted and conditional uses specified in section below, residential uses are permitted on the upper floor levels of buildings located in the B-1 neighborhood business district and the B-5 urban business district, subject to the criteria in sections (B-1 District) and (B-5 District) above. E. Conflict between B-5 district and South Norfolk business overlay district. To the extent that any use restrictions for the B-5 district conflict with the Table of Permitted and Conditional Uses in the South Norfolk business overlay district, the use restrictions contained in this Article 7 shall govern. (Ord. No. 94-O-180, ; Ord. No. 95-O-196, ; Ord. No. 96-O-108, ; Ord. No. 96-O-139, ; Ord. No. 97-O-027, ; Ord. No. 99-O-022, ; Ord. No. 99-O-057, ; Ord. No. 99-O-105, ; Ord. No. 00-O-094, ; Ord. No. 01-O-004, ; Ord. No. 01- O-032, ; Ord. No. 03-O-029, ; Ord. No. 03-O-084, ; Ord. No. 03-O-094, ; Ord. No. 04-O-030, ; Ord. No. 04-O-124, ; Ord. No. 05-O-014, ; Ord. No. 05-O-075, ; 05-O-147, ; Ord. No. 06-O-053, ; Ord. No. 07-O-077, ; Ord. No. 07- O-168, ; Ord. No. 09-O-005, ; Ord. No. 12-O-014, ; Ord. No. 14-O-089, ; Ord. No. 15-O-134, ) Sales from outdoor sales facilities Definitions; nonagricultural outdoor sales facilities. For the purposes of this zoning ordinance, an "outdoor sales facility" means any table, stand, vehicle or other structure from which any item is sold to, or exchanged with, consumers; provided, that an "outdoor sales facility" shall not include structures that are lawful accessories to a permanent building on the same site. Outside sales that are accessory to an established principal retail use are regulated by separate provisions in article 7 of this ordinance. The term "nonagricultural outdoor sales facility" shall mean any outdoor sales facility that is less than 250 square feet in size which is not part of a bona fide agricultural, horticultural or aquacultural operation. The term "agricultural outdoor sales facility" shall mean an outdoor sales facility which is part of a bona fide agricultural, horticultural or aquacultural operation, including facilities at which customers pick products from the field. All nonagricultural outdoor sales facilities shall be subject to the requirements set out in this section. Agricultural outdoor sales facilities shall be subject to the requirements set out in section below. A. Proper zoning district and permits. The proposed site for a nonagricultural outdoor sales facility must be located in a zoning district in which such commercial use is permitted, or, if a conditional use permit is required for such activity, the permit must be obtained before any such activity occurs on the site. B. Site treated as standard commercial site unless temporary in nature; site plan approval and permit required. 1. A site on which a nonagricultural outdoor sales facility is located shall be treated as a standard commercial site, subject to all of the applicable requirements of this ordinance, unless outdoor sales are conducted on the site for a period of less than ninety (90) days in any calendar year, in which case they shall be deemed to be temporary in 7

80 nature. 2. When an applicant specifies that the site is to be used for a nonagricultural outdoor sales facility for a period of less than ninety (90) days during any calendar year, a site plan shall be submitted to the department of public works which complies with the requirements set out below. No temporary nonagricultural outdoor sales activity may be conducted or nonagricultural outdoor sales facility placed on the site until such site plan has been approved and a permit has been issued by the zoning administrator. 3. Regardless of whether such nonagricultural outdoor sales facility is temporary or permanent in nature, not more than one such facility may be located on any lot; provided, however, that flea markets may be authorized on property in the B-2 general business district through a conditional use permit issued in accordance with article 17 of this ordinance. C. Requirements applicable to all site plans for temporary nonagricultural outdoor sales facilities. The site plan for and operation of temporary nonagricultural outdoor sales facilities shall meet the following requirements: 1. The nonagricultural outdoor sales facility is set back a minimum of fifty (50) feet from the nearest edge of the sidewalk pavement or street pavement, if there is no sidewalk, of any public right-of-way which abuts or is in close proximity to the property on which the facility is located and shall be set back a minimum of one hundred (100) feet from any adjoining lot which is zoned or used for residential purposes. No other setback requirements shall be imposed. 2. The site on which the nonagricultural outdoor sales facility is located has off-street parking arrangements meeting the following standards: a. An entrance from the street must be available that is not less than thirty (30) feet in width or such larger size as the department of public works may determine is required as a result of the size or volume of the operation. b. An area of sufficient size for five (5) customer parking spaces and additional parking for employees, plus an adequate area for safe and efficient traffic circulation, must be delineated on the site plan. c. The parking area need not be paved, but must be vegetated, graveled or subject to other appropriate dust control measures, as required by the department of public works. 3. No portable toilets or similar sanitary facilities shall be located on the site. Any sanitary facility placed on the site must be located within a permanent structure meeting the requirements of the Virginia Uniform Statewide Building Code. 4. When sales activities have ceased and the products being sold are no longer displayed on the site, all materials related to the display and sale of such items shall be removed immediately from the site. 5. Not more than one (1) nonagricultural outdoor sales facility shall be located on any lot; provided, however, that flea markets may be authorized on property in the B-2 general business district through a conditional use permit granted in accordance with article 17 of this ordinance. D. Signs. Notwithstanding anything to the contrary in section of this ordinance, signs for 8

81 nonagricultural outdoor sales facilities shall be subject to the following: 1. Nonagricultural outdoor sales facilities shall not be permitted to display temporary signs under section H of this ordinance. 2. Nonagricultural outdoor sales facilities on unimproved property shall be permitted the following signage: a. One freestanding ground mounted sign as defined in section of this ordinance, provided that the sign is set back fifteen (15) feet from any adjacent right-of-way line and does not exceed twelve (12) feet in height. b. One sign mounted to a structure or a motor vehicle used in the operation of a nonagricultural outdoor sales facility, provided that the sign is mounted at a height which is less than, or equal to, the height of the structure or motor vehicle. 3. Nonagricultural sales facilities located on improved property shall be permitted two signs mounted to a structure or motor vehicle used in the operation of a nonagricultural outdoor sales facility, provided that the sign is mounted at a height which is less than, or equal to, the height of the structure or motor vehicle. 4. No sign permitted under this subsection shall exceed twenty (20) square feet in area. (Ord. No. 95- O-016, ; Ord. No. 97-O-144, ; Ord. No. 00-O-007, ) Outdoor sales as part of an agricultural, horticultural, or aquacultural operation. A. Purpose. The purpose of this ordinance is to promote and protect agricultural, horticultural and aquacultural activities in Chesapeake by allowing agricultural outdoor sales facilities, including those operations where customers pick the product from the growing field, to operate with a minimum of regulatory intrusion while, at the same time, ensuring public safety. B. Site plan and permit required. 1. A site plan showing conformance with the standards set out below shall be submitted to the department of public works for review and approval. No agricultural outdoor sales facility shall be established or used to conduct sales activities until the site plan has been approved. 2. In addition, no agricultural outdoor sales facility shall be established or used to conduct sales activities until a permit is issued for the operation by the zoning administrator. The permit shall be issued at no charge to the applicant and shall be valid until such time, if any, that the outdoor sales facility is abandoned for more than two consecutive years. However, a permit may be revoked by the zoning administrator for violation of this ordinance. C. Permitted sales. The following items may be sold or offered for sale at an agricultural outdoor sales facility: 1. Agricultural and horticultural products native to the area. If necessary, the Chesapeake Agricultural Extension Agent shall determine whether an agricultural or horticultural product is native to the area. 2. Agricultural and horticultural products picked from a field by the customer. 3. Aquacultural products, such as fish, shrimp, prawns, clams, and similar aquatic animals. 9

82 4. Products accessory and incidental to the agricultural, horticultural and aquacultural products sold or offered for sale on the site. D. Where permitted An agricultural outdoor sales facility shall be permitted on property other than commercially zoned property if the following requirements are met: 1. The property on which the agricultural outdoor sales facility is located is generally used for agricultural, horticultural or aquacultural operations and is a minimum of three (3) acres in size; provided that, however, no agricultural outdoor sales facility shall be permitted on any residential lot which was created as a major subdivision or which is otherwise a part of a subdivision consisting of more than five residential lots. 2. A grower s certificate furnished by the Chesapeake Agricultural Extension Agent and any required grower s license issued by the City of Chesapeake are displayed on the property on which the agricultural outdoor sales facility is located. The grower s certificate shall be valid for one year. E. Site standards. All agricultural outdoor sales facilities shall meet the requirements set out below. 1. Stands, tables and other structures which are part of the agricultural outdoor sales facility shall be set back a minimum of fifty (50) feet from the nearest edge of the sidewalk pavement or street pavement, if there is no sidewalk, of any public right-of-way which abuts or is in close proximity to the property on which the agricultural outdoor sales facility is located and shall be set back a minimum of one hundred (100) feet from any adjoining lot which is zoned or used for residential purposes. No other setback requirements shall be imposed. 2. Stands, tables and other structures used in support of the agricultural outdoor sales facilities may be placed on the same parcel as other structures and buildings associated with the agricultural, horticultural or aquacultural activity and may also be placed in the front yard of a lot, provided that the setbacks provided for in subsection E.1. above are met. 3. The total area occupied by all covered sales facilities shall not exceed five hundred (500) square feet for every acre of land devoted to the agricultural, horticultural or aquacultural operation, provided that the total area for all covered sales facilities shall not exceed 2,500 square feet. There shall be no limit on the amount of uncovered sales areas on the property. 4. The agricultural outside sales facility shall have off-street parking arrangements meeting the following standards: a. An entrance from the street, approved by the department of public works as meeting public safety needs, shall be provided. b. An area of sufficient size for five (5) customer parking spaces shall be provided. In addition, an area 1,200 square feet in size shall be reserved for parking as needed. c. The parking area need not be paved. 5. Portable toilets or similar sanitary facilities may be located on the site, provided that the facilities are set back at least one hundred (100) feet from all property lines. Portable toilets and similar sanitary facilities shall be screened from view from any public arterial street. The term "arterial street" shall mean a right-of-way at least 80 feet in width. 10

83 6. Materials related to the display and sale of agricultural, horticultural and aquacultural products, including stands, tables, structures and signs, section notwithstanding, may remain on the site from season to season. However, if an outdoor sales facility is abandoned without any use at all for two consecutive years, all structures and signs shall then be removed unless a new site plan is approved by the department of public works and a new permit is obtained from the zoning administrator. F. Special signs permitted. Notwithstanding anything to the contrary in section of this ordinance, the following signs may be erected in support of an agricultural outdoor facility and shall be in addition to any freestanding signs, crop identification signs, special event signs or miscellaneous signs permitted under the sign ordinance: 1. One or more "festive" signs not exceeding 125 square feet in total combined area provided that (i) the signs are placed on the same site as the agricultural outdoor sales facility, (ii) no one sign shall exceed twelve (12) square feet in area, (iii) the signs are not lighted, and (iv) the signs are erected at least fifty (50) feet from the public right-of-way. 2. Four off-site signs providing direction to the agricultural outdoor sales facility, placed on private property with the permission of the owner. Two additional off-site signs, for a total of six off-site signs, may be erected to provide direction if the location of the agricultural outdoor sales facility is more than two miles from an arterial public highway. Each off-site sign permitted under this subsection shall be a maximum of four square feet in area and four feet in height. A holder of a country grower's license may apply for a permit from the zoning administrator to place the signs permitted under this subsection in the unimproved portion of public right-of-way during the seasonal sale periods identified by the applicant for one (1) calendar year from the date of issuance of the permit. Signs shall be placed only during the seasonal sale periods, shall display the address of the facility and shall be setback ten (10) feet from the edge of pavement of any public street, or ten (10) feet from the back of curbing where curbing has been installed. Signs placed in violation of the permit and this ordinance may be removed in accordance with section of the City Code. These festive and directional signs may be erected on agricultural outdoor facilities without permits, fees, or notice to the zoning administrator. (Ord. No. 95-O-134, ; Ord. No. 97-O-144, ; Ord. No. 09-O-026, ) Special outdoor events. A. Events included. Special events shall include outdoor meetings, auctions, and bake sales, yard sales from other than residential properties, carnivals, special outdoor entertainment and similar activities which are not part of the property's normal use and which are not otherwise permitted on the site. This section shall not authorize outside sales as an accessory use to an established principal retail use of a site. Such outside sales are regulated by separate provisions in article 7 of this ordinance. However, to the extent that such provisions conflict with this section, the more stringent regulation will apply. B. Permitted; general requirements. 1. Special events as described above shall be permitted in all zoning district classifications, subject to compliance with the requirements set out below. 2. Any special event must meet the following requirements: 11

84 a. When any event is held on property zoned or used for residential purposes, the area where it is held must be at least three (3) acres in size. b. Such events shall comply with section of the city Code, governing outdoor meetings, and with any other applicable provisions of the city Code. c. Such events shall not last for more than seven (7) days in succession, provided that the Planning Commission may grant a special exception allowing a special outdoor event to continue for up to thirty (30) days upon a showing that (i) the event will not have adverse impacts on, or interfere with, the use or enjoyment of adjacent and surrounding properties, and (ii) adequate provisions will be made for sanitation facilities, off-street parking, traffic circulation, crowd control, noise abatement, glare reduction from stationary and moving lights, public safety, and emergency services. Applications for special exceptions shall be made to the planning department and heard by the planning commission at a public hearing duly advertised in accordance with the requirements for rezonings as set out in section of this ordinance, including newspaper publications, written notice to adjacent landowners and posting of signs. In issuing a special exception, the planning commission may impose such restrictions and stipulations as deemed necessary to protect and promote the public health, safety, welfare and convenience. Where the planning commission denies a special exception, the applicant may appeal the denial to the city council by filing a written request with the city clerk's office, stating the reasons for the appeal, within ten (10) days of the determination by the planning commission. d. Such events shall not be held more than four (4) times per calendar year on a particular property, subdivision or development. C. Special outdoor event limitations not applicable in certain instances. The limitations on special outdoor events set out above shall not be applicable in the following instances: 1. When the zoning ordinance allows such events as a permitted use in the zoning district in which the property is located. 2. When the special event involves activities or displays, including but not limited to public festivals, concerts, exhibits, art and educational displays, provided at public parks, government or educational institutions or similar facilities, as they are considered an aspect of the function of such facilities. (Ord. No. 97-O-143, ; Ord. No. 00-O-007, ) Standards for Appeals In general The Board of zoning appeals (BZA) is authorized to hear appeals from any order, requirement, decision or determination made by the zoning administrator in the interpretation, administration or enforcement of this ordinance. In this capacity, the BZA exercises appellate jurisdiction as a quasi-judicial body, and its task is to determine whether the zoning administrator was correct in the interpretation and application of this ordinance. In doing so, the BZA shall consider the purpose, intent and meaning of the ordinances, laws and regulations in question. In no event however, shall the BZA substitute its judgment for that of the city council by basing its decision on the merits of the ordinances and regulations at issue. The decision of the zoning administrator is presumed to be correct, with the burden being upon the applicant to demonstrate error. (Ord. No. 00-O-116, ) 12

85 Extent of BZA's appeal powers; findings required Action by BZA; in exercising the authority herein granted the BZA may, in conformity with the provisions of this ordinance, reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from. Required findings and conclusions; any decision of the BZA shall be supported by findings of fact and a conclusion that the decision of the zoning administrator was: (1) correct in the interpretation and application of the zoning ordinance; (2) plainly wrong in the interpretation of the zoning ordinance; or (3) plainly wrong in the application of the zoning ordinance to the particular facts presented Who may file. Appeals from decisions of zoning administrator. Any person aggrieved or any officer, department, board or agency of the city affected by a decision of the zoning administrator may, within the required timeframe, appeal that decision to the BZA through application filed with the zoning administrator. END OF REPORT 13

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