(1) Purpose. This section sets out the procedure to follow when a person claims to have been aggrieved by any administrative decision made in the enforcement of this Code.
(2) Initiation. Appeals shall be initiated by the person aggrieved or affected by any order, decision, determination or interpretation made by the authority having jurisdiction who is charged with the administration or enforcement of this Code.
(3) Procedure.
(A) Step 1 - submission of appeal (application).
1.) An appeal pursuant to this section shall be initiated by filing a written appeal of the administrative decision or determination within 20 days of the date of the order, decision, determination or interpretation with the Zoning Division.
2.) Where the decision of the PZC is the subject of the appeal, the 20-day timeframe shall not start until after 30 days of the original PZC decision within which the PZC may reconsider its original decision.
(B) Step 2 - forwarding of the record to the BZA. Upon receiving the written appeal of an administrative decision or determination, the Zoning Division shall transmit the written appeal with all papers, documents and other materials related to the appealed decision or determination to the BZA. This material shall constitute the record of the appeal.
(C) Step 3 - BZA review and decision on appeal.
1.) The BZA shall hold a public hearing within 45 days of the filing of the appeal provided adequate notification is provided pursuant to § 157.047(7).
2.) Any person affected by the appeal may appear at the public hearing and testify in person or by attorney.
3.) The Board shall render a decision on the appeal without unreasonable delay. The Zoning Division shall notify the appellant in writing of the decision of the Board.
(4) 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 either the procedural or substantive requirements of this Code.
(5) Stay. A properly submitted appeal shall stay all administrative proceedings by the city in furtherance of the action appealed, unless the Zoning Division certifies to the BZA that a stay would cause imminent peril to life or property, in which case the administrative proceedings shall not be stayed unless a restraining order is granted by the BZA for good cause shown.
(6) Appeals of BZA decisions. Those aggrieved by the decision of the BZA or any taxpayer may appeal such decision to the County Court of Common Pleas, as provided in R.C. Ch. 2506.
(Prior Code, § 1224.11) (Ord. 2009-21, passed 10-27-2009)