Any person aggrieved by any order, requirement, determination, or any other action or inaction by the Village of Glenwillow in relation to this regulation may appeal to the court of common pleas. Such an appeal shall be made in conformity with Ohio R.C. 2506. Written notice of appeal shall be served on the Village of Glenwillow.
(a) Appeal to the Board of Zoning Appeals: The Board of Zoning Appeals may grant a variance to the regulations contained in this Regulation as provided herein. In granting a variance under this Regulation, the Board of Zoning Appeals, for good cause, may impose such conditions that it deems appropriate to maintain the purposes of this Regulation.
(b) Procedures for variances & appeals: Any owner seeking a variance to the conditions imposed under this Regulation or an appeal to an administrative decision made under this Regulation, other than a decision by the Board of Zoning Appeals, may apply to or appeal to the Board of Zoning Appeals. The following conditions shall apply:
(1) When filing an application for an appeal to the Board of Zoning Appeals from any orders, decisions, and determinations by the Safety Director, Building Inspector, Village Engineer and any other Village administrative officer, board or commission, with respect to the application or enforcement of the provisions contained in this Regulation, the owner shall file a notice of appeal specifying the grounds therefore with the Building Department within ten (10) days of the Safety Director's, Building Inspector's, Village Engineer's or any other Village administrative officer, board or commission's order, decision or determination. Upon determining that the application is complete and upon receipt of the required fee as provided by Village Council for appeals to the Board of Zoning Appeals, the Building Department shall transmit to the Board of Zoning Appeals the application and a transcript constituting the record from which the order, decision or determination subject to appeal was based. This matter shall be placed before the Board of Zoning Appeals and heard in accordance with the provisions contained in Chapter 1117 of the Codified Ordinances of the Village of Glenwillow.
(2) Applications for appeals or variances made under these regulations shall contain the following information:
A. The name, address, and telephone number of the owner;
B. Proof of ownership or authorization to represent the owner of the site;
C. The location of the site, including street address and permanent parcel number;
D. A description of the administrative order, decision, or determination being appealed or the conditions of the regulation from which a variance is sought;
E. Applications for variances or appeals of administrative orders, decisions, or determinations shall not be resubmitted to the Board of Zoning Appeals unless, prior to the decision being made by the Board of Zoning Appeals, the owner shows the Board of Zoning Appeals newly discovered evidence that could not have been presented with the original submission. The Board of Zoning Appeals may, at its sole and complete discretion, re-hear an appeal only if it finds specific evidence of a substantial change in circumstances of the same property has occurred since the time of the original submission.
F. All other procedures for the hearing and deciding of applications for variances or appeals not covered by this Section shall be in accordance with the provisions contained in Chapter 1117 of the Codified Ordinances of the Village of Glenwillow.
G. A decision by the Board of Zoning Appeals in response to an application for a variance request or an appeal of an administrative order, decision or determination filed pursuant to this Regulation shall be final.
(Ord. 2017-02-11. Passed 3-1-17.)