111.31 PROCEDURE UPON APPEAL FROM DECISIONS OF THE BOARD OF ZONING AND BUILDING CODE APPEALS.

   (a)    Pursuant to Section 11.02 of the Bedford Heights City Charter, any applicant adversely affected by any decision of the Board of Zoning and Building Code Appeals may appeal to Council by filing a written notice of appeal with the Clerk of Council within ten days from the date of the decision of the Board.

   (b)    The record of the hearing and minutes of the Zoning Board of Appeals shall be reviewed by the Council Committee of the Whole at a regular or special meeting to be held on a date to be determined by City Council. The Clerk of Council shall forthwith inform the Chairman of the Zoning Board of Appeals of all written notices of appeal filed. The Clerk of Council shall also notify the applicant and the Chairman of the Board of Zoning Appeals of the date that Council will review the appeal.

   (c)    The Committee of the Whole of Council shall apply the standards of Section 1133.06 as to the powers of the Board of Appeals.

   (d)    If Council finds that the decision of the Zoning Board of Appeals is supported by reliable, substantial and probative evidence and conforms to the standards as set forth in Chapter 1133, it shall affirm the action of the Zoning Board of Appeals.

   (e)   If Council finds that the decision of the Zoning Board of Appeals is not supported by reliable, substantial and probative evidence or does not conform to the standards set forth in Chapter 1133, it shall modify or overrule the action of the Zoning Board of Appeals and set forth in writing the specific reasons for such refusal to affirm such action.

   (f)    The Clerk of Council shall notify the applicant and the Chairman of the Zoning Board of Appeals in writing of Council’s action upon the decision of the Zoning Board of Appeals after the Council has had an opportunity to review all evidence it deems necessary to reach an informed decision on said appeal. If necessary, Council may remand the appeal back to the Zoning Board Appeals for the taking of additional evidence and testimony or may request that the applicant furnish additional evidence and testimony directly to Council. Council may also requesst evidence and testimony be produced from city administrative personnel.

   (g)   All official action by Council under this Section 111.31 shall be by appropriate legislation passed at a regular or special meeting of Council.

(Ord. 2018-086. Passed 10-2-18.)