(a) Purpose. This section sets out the procedures to follow when a person claims to have been aggrieved or affected by a decision of the Planning Commission as established in this chapter.
(b) Applicability. An appeal may be made regarding any decision of the Planning Commission as established in Section 1103.03(e).
(c) Initiation. Appeals to Village Council may be initiated by:
(1) Any person aggrieved or affected by any order, decision, determination, or interpretation made by the Planning Commission;
(2) The administrative staff of the Village; or
(3) A member of Village Council.
(d) Appeals Review Procedure. The review procedure for appeals shall be as follows:
(1) Step 1 - Submission of Appeal.
A. Within fifteen (15) days of the Planning Commission decision of which Is being appealed, the person appealing the decision or their authorized agent shall submit all required information to the Zoning Administrator in accordance Section 1103.06: Common Review Requirements.
B. As part of the submission, the person appealing the decision shall be obligated to submit a statement of how they believe the original decision was incorrect and to provide a basis for the appeal.
(2) Step 2 - Forwarding of the Record to the Village Council.
A. Upon receiving the written appeal of a decision of the Planning Commission, the Zoning Administrator shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision or determination to the Village Council This material shall constitute the record of the appeal.
B. The Zoning Administrator or person making a decision as the designee of the Zoning Administrator shall have the authority to prepare a report summarizing their findings for their decision and providing any supplemental information to assist in the consideration of the appeal.
(3) Step 3 - Village Council Consideration to Hear Appeal.
A. The Village Council shall review the application at its next regularly scheduled meeting, provided the appeal was filed a minimum of ten (10) days prior to the scheduled meeting. If the appeal was filed less than ten (10) days prior to the next regularly scheduled meeting, the Zoning Administrator shall place the appeal on the agenda for the following regularly scheduled meeting.
B. Village Council will review the appeal at the meeting to decide if they want to accept and hear the appeal or if the original decision will stand.
C. In determining whether to hear the appeal, the Village Council may clarify the basis for the appeal by discussing the matter and/or asking questions of the applicant and/or appealing party.
D. The concurrence of a majority of the Village Council membership is required to hear an appeal. If a majority of Council does not agree to hear the appeal, the original decision will stand and shall be deemed final and binding.
E. If the Village Council agrees to hear the appeal, the appeal shall move to Step 4 below.
(4) Step 4 - Village Council Review and Decision.
A. The Village Council shall hold a public hearing at its next regularly scheduled meeting provided adequate notification is provided pursuant to Section 1103.06(c)(2).
B. In reviewing the appeal, the Village Council shall at a minimum, consider the review considerations of this section.
C. Within thirty (30) days of the close of the public hearing, the Village Council shall render a decision on the appeal. The Zoning Administrator shall notify the appellant in writing of the decision of the Village Council.
D. The concurrence of two-thirds (2/3) of the full Village Council membership shall be required to overturn the decision of the Planning Commission.
E. The decision of the Village Council shall become effective immediately.
F. If during consideration of such an appeal the Village Council finds that the facts presented by the appealing party differ materially from the written findings of fact issued by the Planning Commission, it may allow for the submission of new facts or the Village Council may remand the matter before it on appeal to the commission or board from which it was appealed for further consideration.
(e) Review Considerations. A decision or determination shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the decision or determination fails to comply with either the procedural or substantive requirements of this code.
(f) Stay. A properly submitted appeal shall stay all administrative proceedings by the Village in furtherance of the action appealed, unless the Zoning Administrator certifies to the Village Council that a stay would cause imminent peril to life or property, in which case the administrative proceedings shall not be stayed unless a restraining order is granted by the Village Council or by a court of competent jurisdiction, for good cause shown.
(g) Appeals. Any person or entity claiming to be injured or aggrieved by any final action of the Village Council shall have the right to appeal the decision the court of common pleas as provided in ORC Chapters 2505 and 2506.
(Ord. 2023-16. Passed 6-5-23.)