(a) Appeal of Planning and Zoning Administrator Decision or Technical Review Group Decision. Whoever is aggrieved or affected by the decision of the Planning and Zoning Administrator or the Technical Review Group shall have the right to file an appeal with the Planning and Zoning Commission. A written appeal shall be filed with the Planning and Zoning Administrator within ten (10) calendar days of the decision of the Planning and Zoning Administrator or Technical Review Group. At the time of filing the appeal, the Planning and Zoning Administrator shall turn over to the Planning and Zoning Commission the application and any relevant background information. The Planning and Zoning Commission shall have a maximum of seventy-five (75) calendar days from receipt of an appeal to hold a public hearing, consider the appeal and make a decision on the appeal. To reverse or modify the decision of the Planning and Zoning Administrator or the Technical Review Group, a simple majority vote of the full membership of the Planning and Zoning Commission shall be required.
(Ord. 47-08. Passed 9-2-08.)
(b) Appeal of Planning and Zoning Commission Decision. Whoever is aggrieved or affected by the decision of the Planning and Zoning Commission shall have the right to file an appeal with the Council. A written appeal shall be filed with the Clerk of Council within ten (10) calendar days of the decision of the Planning and Zoning 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. To reverse or modify the Planning and Zoning Commission's decision, a simple majority vote of the full membership of Council shall be required.
(Ord. 22-11. Passed 4-4-11.)
(c) Public Notification. At least one (1) notice shall be given at least ten (10) days prior to the public hearing in one or more newspapers of general circulation in the municipality. 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 abutting property owners. Such notice shall include the date, time and place of the public hearing and nature of the appeal.
(d) The Planning and Zoning Commission in reversing or modifying the decision of the Planning and Zoning Administrator or Director of Public Works, or Council in the case of Planning and Zoning Commission, may prescribe additional conditions and safeguards in conformity with these Subdivision Regulations. Violations of such conditions and safeguards, when made a part of said approval, shall be deemed a violation of these Subdivision Regulations and punishable as prescribed in Section 1105.07, and shall result in revocation of said approval.
(e) Recourse from Council shall be the Franklin County or Fairfield County Court of Common Pleas, as appropriate, as provided under the Ohio Revised Code.