(a) Whoever is aggrieved or affected by the decision of the Planning and Zoning Commission involving an application for a Variance shall have the right to file an appeal with Council. A written appeal shall be filed with the Clerk within ten (10) calendar days of the decision of the Commission. Upon the filing of an appeal, the Planning and Zoning Commission will memorialize its decision in Findings of Fact and Conclusions of Law when a Notice of Appeal is filed. At the time of filing the appeal, the Planning and Zoning Administrator shall turn over to Council the application and any relevant background information. A public hearing shall be scheduled within thirty (30) days of Council's receipt of the appeal. Council shall have a maximum of sixty (60) calendar days from receipt of an appeal to hold a public hearing, consider the appeal and make a decision on the appeal. In reaching a determination on a requested Variance on appeal, Council shall consider Section 1147.03. To reverse or modify the Planning and Zoning Commission's decision, a simple majority vote of the full membership of Council shall be required.
(b) Public Notification. At least one (1) notice shall be given at least ten (10) days prior to the public hearing on the website of the City of Canal Winchester. Such notice shall include the date, time and place of the public hearing and nature of the appeal. Written notice of the appeal shall be mailed by the municipality, certified mail, at least ten (10) days prior to the date of the public hearing to the property owner or applicant and, if different, the party filing the appeal. Such notice shall include the date, time and place of the public hearing and nature of the appeal.
(c) In approving a Variance on appeal, Council may prescribe additional conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which said Variance is approved, shall be deemed a violation of this Zoning Code and punishable as prescribed in Chapter 1135 and shall result in revocation of the Variance approval and respective Certificate of Zoning Compliance.
(Ord. 23-005. Passed 2-6-23.)