(a) Intent of Appeal, Waiver, or Redetermination.
(1) Appeal. This appeal procedure is instituted to allow any affected person or persons, or any official of the Village of East Palestine who believes there is an error in any order, requirement, decision, or determination made by the Zoning/Building Inspector during the administration or enforcement of this Vacant Building Ordinance, or during the administration and enforcement by the Zoning/Building Inspector of any other provision of the Zoning Code or the Building and Housing Code for the Village of East Palestine, the opportunity to have the Board of Zoning Appeals review the order, requirement, decision, or determination. The Board shall determine whether or not the decision was in conformance with this Vacant Buildings Ordinance or with any and all other provisions of the Village Zoning or Building and Housing Codes. These Sections 1246.11
and 1246.12
are intended to amend and supplement the appeal procedures set forth in Section 1244.01
(c) of these Codified Ordinances.
(2) Waiver/redetermination. The waiver/redetermination procedure is instituted to allow the Zoning Board the authority to grant a waiver/ redetermination from any rulings of the Zoning/Building Inspector.
(b) Procedure for Appeal, Waiver, or Redetermination.
(1) To initiate any procedure, the Zoning/Building Inspector shall have taken an action and/or issued a notice or violation citation, or an order, requirement, decision, or determination involving the administration or enforcement of this Vacant Building Chapter or any provision of the Village Zoning or Building and Housing Codes. A notice of appeal may be filed only if the following conditions are met:
A. The Zoning/Building Inspector has failed to approve the vacant building plan; or an action or inaction by the owner is in violation the Vacant Building Ordinance or any other provision of the Village Zoning or Building and Housing Codes.
B. The appeal is based upon an interpretation of the requirements of the Vacant Building Ordinance or any other provision of the Village Zoning or Building and Housing Codes.
C. The party filing the notice of appeal is either an official of the Village or the owner of the building or property who believes the interpretation is in error.
D. The notice of appeal has been filed within twenty days after the decision of the Zoning/Building Inspector.
(2) A notice of appeal or application for a waiver/redetermination shall be available at the office of the Zoning/Building Inspector and when completed shall be returned to such office. The notice of appeal and application for a waiver/redetermination shall include but not be limited to the following:
A. Name, address, and telephone number of the applicant.
B. Location of the vacant building and/or property including the lot number.
C. Present and/or proposed vacant building plan, if applicable.
D. If required by the Zoning/Building Inspector, a vicinity map and plat layout containing information required by the Zoning/Building Inspector.
E. A statement identifying the specific decision/order which is being appealed from or the waiver redetermination requested and the reason for the request.
F. A fee of fifty dollars ($50.00) or such other amount as Council may from time to time establish.
(3) Within three working days after the notice of appeal has been filed it shall be transmitted to the members of the Zoning Board along with all papers and documentation upon which the action appealed from was based. Within a reasonable time after the notice of appeal has been filed, but not later than forty-five days of receiving the notice of appeal, the Zoning Board shall hold a hearing to consider the appeal. Written notice of the hearing shall be given to all parties not less than ten days prior to the date of the hearing. In addition, written notice of the hearing shall be mailed, by first class mail, at least ten days before the day of the hearing to all owners of property contiguous to, and/or directly across the street from the property which is the subject of the appeal.
(4) The Board shall decide on the appeal by written decision within a reasonable time following the hearing thereon, but not later than sixty days after the hearing. The filing of a notice of appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning/Building Inspector certifies to the Board that, by reason of the facts presented in the application, a stay would cause imminent peril to life and/or property.
(5) The Board shall render any decision as follows:
A. For violation citation appeals, the Board shall reverse, affirm or modify the order, requirement, decision, or determination that is being appealed. Such decision shall, in the opinion of the Board, reflect conformity with all applicable provisions of these Codified Ordinances.
B. For waivers/redeterminations, the Board shall grant, deny, or modify the waiver/ redetermination. In rendering its decision, the Board shall ensure the intent of this chapter is not contrary to public interests, will not result in unnecessary hardships, and the spirit of the chapter is preserved.
C. The Board shall make a record and/or minutes of all its proceedings, setting forth the reason for its decisions. The record and/or minutes, immediately following the Board's decisions, shall be filed in the office of the Zoning/Building Inspector, and shall be open to the public for inspection.
(6) A certified copy of the Board's decision shall be transmitted to the applicant.
A. The decision of the Board shall be binding upon the Zoning/Building Inspector and applicant.
B. If the appeal is denied, the applicant can then pursue the avenues set forth in division (b)(7) of this section hereafter stated.
(7) After the ruling of the Board of Zoning Appeals, any applicant, person, firm or corporation, or any officer, department, board or agency of the Village, or any interested elector of the Village who has been aggrieved or affected by the decision of the Board, may appeal from such decision to the Village Council by filing a notice of appeal to Council with the Clerk of Council within twenty days from the date of the Zoning Board decision, which said notice shall set forth the basic facts of the appeal to that point.
A. Council shall hold a public hearing on such appeal not later than thirty days after the appeal has been filed with the Clerk. Notice of the hearing shall be given not less than ten days prior to the date of the hearing by publishing a notice in a newspaper of general circulation within the Village, and by posting notice of such hearing on the Village website. A notice shall also be sent to the applicant and all parties involved in the initial appeal to the Zoning Board, and may be posted at the property in question. In addition, written notice of the hearing shall be mailed by first class mail, at least ten days before the day of the hearing to all owners of the property contiguous to, and directly across the street from the property which is the subject of the appeal.
B. Council shall decide on the appeal no later than forty-five days after the public hearing.
C. Council may overrule the Zoning Board decision by a majority vote of its members.
D. After an applicant has exhausted its appeal process, that person shall not reapply for another appeal to the Board for twelve months following the conclusion of the matter.
(c) Fees Nonrefundable. The fee required to file an appeal to the Zoning Board shall be nonrefundable.
(d) Deposit for Public Cost. Wherever any notice or legal publication is required, the Zoning Board shall require a deposit from the person requesting the waiver/ redetermination which is sufficient to defray the cost of such notice or publication.
(Ord. 2019-19. Passed 2-24-20; Ord. 14-2022. Passed 9-12-22.)