(a) Applications. An application, in cases in which the Board of Zoning Appeals has original jurisdiction under the provisions of the Zoning Ordinance, may be taken by any person aggrieved including a tenant or a governmental officer, department, board or bureau. Such application shall be filed with the Zoning Inspector, who shall transmit the same to the Board. The fee for any action presented to the Board of Zoning Appeals for determination shall be sixty- five dollars ($65.00), all of which shall be paid to the General Fund of the Village. An additional advance deposit of five hundred dollars ($500.00) is required for expenses related to the appeal or application, including any fees associated with the review of the appeal or application by the Solicitor, Engineer or other professional retained by the Village. Any portion of a deposit not expended for advertising, administrative costs or fees for the Solicitor, Engineer or other professional retained by the Village, shall be refunded to the applicant within thirty days of the final order of the Board. The fee shall be paid to the Zoning Inspector at the time an application or appeal is filed, in which event, the Zoning Inspector shall forthwith pay over to the Clerk- Treasurer, to the credit of the General Revenue Fund, all of such fee. In the event the Village determines funds in excess of the five hundred dollar deposit are necessary for the proper review of the appeal or application, the Clerk-Treasurer shall notify the Applicant in writing that the Applicant must deposit such additional funds with the Village. If such funds are not deposited within seven working days thereafter, the appeal will be stayed and not heard until such funds are deposited by the Applicant with the Village. No grant of a variance or a conditional use permit or any other grant of relief by the Board of Zoning Appeals is effective until all actual costs of the appeal are reimbursed by the Applicant to the Village. The application presented to the Board shall also be accompanied by a list of the last known names and addresses of the owners of all property within and contiguous to and directly across the street from any parcel or parcels which is the subject of review by the Board, as shown upon the tax maps for Geauga County.
(Ord. 1998-00. Passed 10-16-00.)
(b) Appeals.
(1) An appeal to the Board may be taken by any person aggrieved or by any officer of the Municipality affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty days after the decision by filing with the Zoning Inspector and with the Board a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(2) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Inspector shall certify to the Board after the notice of appeal has been filed with it that by reason of facts stated in the certificate, a 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 a court of equity after notice to the officer from whom the appeal is taken and on due cause shown.
(3) The Board may, in conformity with the provisions of the Zoning Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises; and to that end, shall have all powers of the Zoning Inspector from whom the appeal is taken.
(Ord. 914. Passed 11-8-66.)