If any aggrieved party disagrees with the determination made by the Board, an appeal may be made to the Council. The following rules apply:
(a) Filing of Appeal. The appellant shall file with the Village Clerk within 14 calendar days of the Board's determination a written statement setting forth both the decision in question and the reasons for the disagreement with the decision.
(b) Village Clerk Action. The Village Clerk will send a copy of the statement to the Secretary of the Board, to any interested party, to the Mayor and to each Council member.
(c) Public Hearing. A public hearing will be held consistent with the public hearing requirements of Chapter 1278
of the Village of Evendale Zoning Code, Public Hearings.
(d) Action by Council. Following public hear-ing, Council shall give due consideration to the record for the appeal as developed at the Board of Zoning Appeals meeting and public comments received at the public hearing. Council may then affirm the Board's decision by a simple majority. If Council desires to modify, vacate or reverse the decision of the Board, it may only do so through a concurring vote of at least five members of Council. If at least five members do not concur, the decision of the Board will be upheld without change.
(e) Notice of Decision. Upon the approval by the Council, the Village Clerk will post the resolution for the period specified for all ordinances, and send it to all interested parties, including the Secretary of the Board, who will file it with the other decisions of the Board.
(f) Further Appeal. Any person aggrieved by the Council may file an appeal pursuant to Section 1468.18
.
(Ord. 16-78. Passed 12-13-16.)