1133.05 APPLICATIONS, APPEALS, HEARINGS AND STAY OF PROCEEDINGS.

   (a)    Applications; When and By Whom Taken. An application, in cases in which the Board of Zoning Appeals has original jurisdiction under the provisions of this Zoning Code, may be taken by any property owner. Such applications shall be filed with the Secretary of the Board.

(Ord. 84-39. Passed 5-1-84.)

   (b)    Appeals; When and By Whom Taken. An appeal to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City concerning any decision of the Zoning Inspector. Such appeal shall be taken within thirty days after the decision, by filing with the Board a notice of appeal specifying the grounds thereof. A copy of such appeal shall be forwarded by the Secretary of the Board to the Zoning Inspector. Upon receipt thereof, the Zoning Inspector shall forthwith transmit to the Secretary of the Board all files constituting the record upon which the action appealed from was taken.

(Ord. 84-22. Passed 5-1-84.)

   (c)    Hearings.

      (1)    Before making any decision on an appeal or an application for a variance or exception from the Zoning and Building Code regulations, the Board shall hold a public hearing or hearings at such times as shall be determined by the Board itself. Special hearings can be arranged at the call of the Chairman so long as notice provisions of this section can be properly provided. Prior to establishing any hearing date, the Chairman of the Board shall obtain a written opinion from the Director of Law stating that the Board has jurisdiction over the appeal or application. The Board shall fix a reasonable time for the hearing of the application or appeal.

      (2)   Public notice shall be given of a hearing on any appeal by the posting of a notice in the main entrance of the Municipal Building for a period of at least fourteen days stating the time and place of the hearing.

      (3)   Written notice of exceptions to and variances from the Zoning Code to be considered by the Board and the hearings thereon shall be given to the property owners, as they appear in the current records of the County Recorder, within a five hundred foot radius of the property for which a variance or exception is requested.

      (4)   Each application for a variance or exception and each appeal shall be accompanied by a check made payable to the City of Bedford Heights or a cash payment in the amount of one hundred dollars ($100.00) to cover the cost of administrative expenses for processing the application. At any hearing, the applicant or appellee party may appear in person or be represented by an agent or attorney.

         (Ord. 02-047. Passed 5-21-02.)

   (d)    Decisions of the Board.

      (1)    The Board shall commence hearings on all matters properly presented within sixty days of filing of request and shall render a decision thereon within 120 days from such filing unless a longer time is agreed upon between the appellant and the Board.

      (2)    Every appeal granted or denied must be accompanied by a written finding of fact based on testimony and evidence presented and specifying the reason for granting or denying the appeal.

      (3)    The Board shall provide a detailed report of all its proceedings, setting forth its reasons for decisions, the vote of each member participating therein and the absence of a member or his failure to vote within ten days from the date of its decision.

      (4)    A certified copy of the Board's decision shall be transmitted to the applicant or appellant and to the Zoning Inspector. Such decision shall be binding upon the Zoning Inspector and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.

      (5)    A certified copy of the Board's decision as well as a copy of the minutes of the Board meeting shall be filed immediately in the City Building and shall be a public record.

      (6)    Rulings and decisions of the Board shall be final.

         (Ord. 84-22. Passed 5-1-84.)

   (e)    Appeal from Decisions of the Board. Any appellant whose request for a variance from or exception to the zoning and building ordinances and regulations has been denied shall have a right of appeal to the Council, pursuant to Section 111.31 of the Codified Ordinances, by filing a written notice of appeal with the Clerk of Council within ten (10) days from the date of the decision of the Board. Council shall have the power to affirm, modify or overrule the decision of the Board. The decision of Council shall be a final order. All other rulings and decisions of the Board shall be final and subject to an appeal to the Court of Common Pleas pursuant to the laws of the State of Ohio.

(Ord. 02-047. Passed 5-21-02.)

   (f)    Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Board, after notice of appeal has been filed with him, that by reasons of acts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed or otherwise than by a restraining order which may be granted by the Board or by the Common Pleas Court on application, on notice to the Zoning Inspector or by judicial proceedings, and on due cause shown.

(Ord. 72-13. Passed 7-11-72.)