(a) When required to review a decision of the Board of Zoning Appeals, pursuant to Section 1111.06 of the Zoning Code, each case shall be considered by Council upon the record created by the Board of Zoning Appeals, and as supplemented by the evidence presented by the applicant, the Municipality or anyone else interested in the proceeding.
(b) Council shall apply the laws of the Municipality to the facts of the case as those facts are contained in the record which was created by the Board of Zoning Appeals or supplemented in the proceedings before Council, where testimony shall be taken under oath and subject to issuance of subpoenas upon request, and such testimony shall be subject to cross examination whether it be presented at the Board of Zoning Appeals or Council.
(c) In the event the Council does not follow the decision of the Board of Zoning Appeals, Council shall make its own decision and shall adopt Conclusions of Fact which support its decision, and which are found in the record.
(d) Quorum and Vote. A majority of the members of Council shall constitute a quorum for the review of the Board of Zoning Appeals decision. In each case a motion or motions shall be made to grant the relief requested. Such motions may be made and seconded by members who are opposed to the motion. The affirmative vote of four members of Council shall be necessary for any official decision. Failure to receive four (4) affirmative votes will constitute a denial of the review pending before Council and will result in an affirmance of the prior administrative action being reviewed. Prior to voting on a motion, the movant and/or other Council members shall state findings which support their decision. Such findings shall become the basis for Conclusions of Fact by the Council. Members may state their agreement with the proffered findings and need not restate all findings supporting their decision prior to voting on the motion.
(e) At any time prior to a final decision of the Board of Zoning Appeals, or Council, the applicant may withdraw the application. Receipt of notice of the withdrawal of an appeal or an application for a variance or exception, at any time prior to final action by the Board of Zoning Appeals, or Council, as the case may be, shall reinstate the prior decision of any administrative officer or body and the appeal or application for a variance or exception shall be treated as though it had not been submitted, except that the applicant will not be entitled to the return of any fees, deposits or costs required in this Planning and Zoning Code.
(f) After reviewing the Board of Zoning Appeals' decision, Council may affirm, affirm and modify or reverse the decision of the Board of Zoning Appeals by a majority vote of all of its members.
(g) Immediately following Council's decision, notice of such decision shall be mailed to the applicant and all interested parties who personally appeared before Council to support affirmance or reversal of the decision of the Board of Zoning Appeals.
(h) The applicant or any interested party who appeared or was represented at the Council meeting(s) where the matter was heard, and was harmed by the action of Council may appeal Council's decision pursuant to Ohio R.C. Chapter 2506.
(Ord. 2022-10. Passed 4-11-22.)