(a) Purpose. This section sets out the procedures to follow when a person claims to have been aggrieved or affected by an administrative decision made in the enforcement of this Code.
(b) Initiation. Appeals are to be initiated by the person aggrieved or affected, or by an officer of the City affected by any decision of the Zoning Commissioner.
(c) Process.
(1) Step 1 - Application.
A. An appeal pursuant to this section shall be initiated by filing a written appeal of the decision with the Zoning Commissioner within 20 days of the date of the decision.
B. The applicant shall submit an application in accordance with Section 1165.02 Common Review Requirements and with the provisions of this chapter.
(2) Step 2 - Forwarding of Record to the BZBA. Upon receipt of an appeal, the Zoning Commissioner shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision to the BZBA. This material shall constitute the record of the appeal.
(3) Step 3 - Review and Decision by the BZBA.
A. After receiving the application from the Zoning Commissioner, the BZBA shall hold a public hearing to review the application provided adequate notification is provided pursuant to Subsection 1165.02(h) Public Notification for Public Hearings.
B. Upon the day for hearing any application or appeal, the BZBA may adjourn the hearing for the purpose of obtaining additional information, or to cause such further notice as it deems proper to be served upon such other property owners it decides may be substantially interested in the application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of the hearing unless the BZBA so decides.
C. The BZBA may, in conformity with the provisions of this Code, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from, and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all powers of the Zoning Commissioner from whom the appeal is taken.
D. A certified copy of the BZBA's decision shall be transmitted to all parties in interest. The decision shall be binding upon and observed by the Zoning Commissioner. The Zoning Commissioner shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the BZBA.
E. The BZBA shall decide all appeals within 30 days after the final hearing.
F. A decision of the BZBA shall not become final until the expiration of five days from the date such decision is made, unless the BZBA finds that an immediate effective date is necessary for the protection of property or personal rights, and shall so certify on the record.
(d) Review Criteria. 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 the requirements of this Code.
(e) Stay. An appeal shall stay all proceedings in furtherance of the action appealed, unless the Zoning Commissioner shall certify to the BZBA that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the BZBA or by a court of equity, after notice to the officer from whom the appeal is taken, and on due cause shown.
(f) Appeals of BZBA Decisions. The decisions of the BZBA may be reviewed by the applicable court of common pleas as provided in ORC Chapters 2505 and 2506.
(Ord. 7675. Passed 11-11-14.)