An administrative appeal shall be processed as follows:
(a) Each application for an appeal shall be accompanied by the application fee to cover the cost of administrative expenses for processing the application.
(b) Before making any decision on an administrative appeal, 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 Zoning Code 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. The Board shall fix a reasonable time for the hearing of the appeal.
(c) Public Hearing. 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 (14) days stating the time and place of the hearing. Any person may appear at a public hearing and give testimony. All competent testimony, evidence, and staff recommendations shall be considered. Additional information from the appellant or the City staff may be requested for full and proper consideration of the appeal. Such additional reports, comments or expert opinions shall be transmitted to the Secretary prior to the next hearing. A public hearing may be recessed from time to time to a date certain; no further notice is necessary. After all testimony is taken and all exhibits are received, the hearing shall be closed.
(d) Decision.
(1) The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector or other administrative official.
(2) The Board shall commence hearings on all matters properly presented within sixty (60) 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.
(3) 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 and shall refer to any applicable ordinance relied upon by the Board in reaching any such decision.
(4) 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 (10) days from the date of its decision.
(5) 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 or approval is authorized by the Board.
(6) 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.
(7) Rulings and decisions of the Board shall be final, except as provided for in this Zoning Code.
(e) 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. 2023-029. Passed 4-18-23.)