(a) Generally.
(1) Any person or officer of the City aggrieved by or affected by any decision of the Zoning Inspector shall, within twenty (20) days after the decision, file with the Zoning Inspector and the Board of Appeals a notice of appeal Said notice of appeals shall:
A. Be completed on a form provided by the Inspector and signed by the applicant.
B. Specify in detail, the decision appealed from the Inspector and the basis of the appeal, and shall, when available, include any documents received from the Inspector's office.
C. Be accompanied by a non-refundable filing fee set by Council ordinance.
(2) Any person, having first been denied a zoning permit by the Zoning Inspector, may apply to the Board of Zoning Appeals for a variance, conditional use permit or special exception. Said application shall:
A. Be completed on a form provided by the Inspector and signed by the applicant.
B. Provide all the information for the remedy sought as provided by the terms and conditions of this Code.
C. Be accompanied by a non-refundable filing fee set by Council ordinance.
(3) No appeal or application for special permit shall be considered by the Board until such time as all of the conditions in (1) or (2) are completed, and the applicant has submitted a zoning application and filing fee as required by Section 1137.04(d). (Ord. 60-93. Passed 7-11-94.)
(b) Hearings.
(1) The Board shall fix a reasonable time for the hearing of an appeal, or application for special permit, not more than thirty (30) days after receipt of the notice of appeal unless the same is waived by the applicant. The Zoning Inspector shall send written notice to the applicant and those property owners either contiguous to the subject property or directly across the street at the mailing address listed on the County Auditor tax list, at least ten (10) days prior to the hearing, unless the same is waived. The notice shall contain the following:
A. The date, time and location of the hearing.
B. A copy of the application for Zoning Permit, the written denial of the Zoning Inspector for such permit and a copy of the applicant's written request for a variance.
C. That the applicant or interested parties may choose to be represented by counsel and to have that counsel present.
D. That the applicant or such interested parties may call such witnesses as he chooses to testify on his behalf.
(2) The Board may choose to enter into executive session for the purpose of deliberating on any appeal brought before it.
(c) Decision of the Board.
(1) The Board shall decide in writing all applications and appeals within sixty (60) days after the final hearing. Such decision shall be evidenced by a written variance, conditional use permit, denial, or special exception. The Zoning Inspector shall send such decisions or permits by regular mail within ten (10) days after the final decision of the Board to the applicant and those property owners either contiguous to the subject property or directly across the street at the mailing address listed on the County Auditor tax list. Decisions shall not take effect or be deemed issued until at least three of the Board members have approved the decision by voice vote in an open meeting.
(2) The Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, the order, requirements, decision, or determination as in its opinion should be made and to that end, shall have all powers of the Zoning Inspector or other office from whom the appeal is taken. Such decision shall be binding upon the Zoning Inspector.
(Ord. 100-17. Passed 4-23-18.)
(d) Duties of Zoning Inspector, Board of Zoning Appeals, Legislative Authority and Courts on Matters of Appeal. It is the intent of this Code that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Board only on appeal from the decision of the Zoning Inspector, and that recourse from the decisions of the Board shall be to the courts as provided by law. It is further the intent of this Code that the duties of the Conneaut City Council in connection with this Code shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Code. Under this Code the Conneaut City Council shall only have the duties of considering and adopting or rejecting proposed amendments or the repeal of this Code as provided by law, and of establishing a schedule of fees and charges. Nothing in this Code shall be interpreted to prevent the City of Conneaut from appealing a decision of the Board to the courts as provided in Chapters 2505 and 2506 of the Ohio Revised Code. Any such appeal shall be made within ten (10) days of the Board's written decision.
(Ord. 60-93. Passed 7-11-94.)