1001.11 PROCEDURES FOR VARIANCES AND APPEALS.

   (a)   Any applicant seeking a variance to the conditions imposed under this regulation or an appeal of an administrative decision made under this regulation, other than a decision by the Commission, may apply to or appeal to the Commission. The following conditions shall apply:

      (1)   When filing an application for an appeal of an administrative decision, the applicant shall file a written notice of appeal specifying the grounds therefor with the administrative official within twenty (20) days of the administrative official's decision. Upon determining that the application is complete and upon receipt of the required fee of one hundred dollars ($100.00), the administrative official shall transmit to the Commission the application and a transcript constituting the record from which the administrative decision subject to appeal was based. This transmission shall occur no less than fourteen (14) days prior to a regularly scheduled meeting of the Commission in order to be placed on the agenda for that meeting.

      (2)   When applying for a variance, the applicant shall file a variance request with the Commission.

      (3)   Applications for appeals or variances made under this regulation shall contain all of the following information:

         A.   The name, address, and telephone number of the applicant.

         B.   Proof of ownership or authorization to represent the property owner.

         C.   The location of the property, including street address and permanent parcel number.

         D.   The current zoning of the property.

         E.   A description of the project for which the appeal or variance is sought.

         F.   A description of the administrative decision being appealed or the conditions of the regulation from which a variance is sought.

         G.   Names and addresses of each property owner within five hundred (500) feet as shown in the current records of the Cuyahoga Auditor typed on gummed labels.

      (4)   Applications for variances or appeals of administrative decisions shall not be resubmitted to the Commission within one (1) year of the date of a final decision by the Commission on the original application, unless the applicant shows the Commission either of the following:

         A.   Newly discovered evidence that could not have been presented with the original submission, or

         B.   Evidence of a substantial change in circumstances since the time of the original submission.

   (b)   A decision by the Commission in response to an application for a variance request or an appeal of an administrative decision filed pursuant to this regulation shall be final.

(Ord.  2020-56.  Passed 4-20-20.)