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(a) Appeals from Decision of Zoning Official.
(1) Appeals from the Zoning Official to the Board of Zoning Appeals may be taken by any property owner, resident or other person deeming himself injuriously affected. The appeal shall be taken within such time as shall be prescribed by the Board, by general rule, by filing with the Board a notice of appeal as specified above. The Zoning Official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. All proceedings before the Board and the records thereof shall be public.
(2) The Zoning Official shall recommend to the Board a modification or reversal of his action in cases where he believes substantial justice requires the same, but where he has not himself sufficient authority to grant the relief sought.
(3) The Board shall decide each appeal within a reasonable time and notice thereof shall forthwith be given to all parties in interest. The Board's decision shall be immediately filed in its office and be a public record. In the exercise of its functions, upon such appeals or upon exceptions, the Board may, in conformity with the provisions of the Zoning Ordinance, reverse or affirm, wholly or partly, or modify any order, requirement, decision or determination in accordance with the provisions hereof.
(b) Expiration of Appeal Decision. Unless otherwise specified by the Board, a decision of any appeal or request for a variance shall expire if the applicant fails to obtain any necessary building permit, or comply with the conditions of such authorized permit within six months from the date of authorization thereof.
(c) Appeal from Decision of Board. In case of an appeal from the Board to the Court of Common Pleas, the Board shall make the return required by law, and shall promptly notify the City Solicitor of such appeal and furnish him with a copy of the return including a transcript of the testimony.
(d) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Official certifies to the Board, after the notice of appeal has been filed, that by reason of facts stated in the certificates, stay would in his opinion cause imminent peril to life or property in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board after notice to the Zoning Official, or by the Court of Common Pleas.
(e) Information Required on Appeal Application. All appeals from a decision of the Zoning Official and applications to the Board shall be in writing on forms prescribed by the Board. Every appeal or application shall include the following:
(1) The name and address of the applicant, or the appellant;
(2) The name and address of the owner of the zone lot to be affected by such proposed change or appeal;
(3) A brief description and location of the zone lot to be affected by such proposed change or appeal;
(4) A statement of the present zoning classification of the zone lot in question, the improvements thereon and the present use thereof;
(5) A statement of the section of the Zoning Ordinance under which the appeal is made, and reasons why it should be granted, or a statement of the section of the Zoning Ordinance governing the situation in which the alleged erroneous ruling is being appealed, and the reasons for this appeal; and
(6) A reasonably accurate description of the present improvements and the additions or changes intended to be made under this application, indicating the size of such proposed improvements, materials and general construction thereof. In addition, there shall be attached a plot plan of the real property to be affected, indicating the location and size of the lot and size of improvements thereon and proposed to be erected thereon.
(Ord. 58(72-73). Passed 11-21-73.)
(Ord. 58(72-73). Passed 11-21-73.)