(a) Applications. An application in cases in which the Board has original jurisdiction under the provisions of this Zoning Ordinance may be taken by any property owner, including a tenant, or by a governmental officer, department, board or bureau. Such applications shall be filed with the Zoning Inspector who shall transmit same to the secretary of the Board.
(b) Secretary's Report on Application. The secretary shall investigate the application and submit a report thereon, together with his recommendations, to the Board.
(c) Appeals to the Board. An appeal to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the City affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty days after the decision, by filing with the Zoning Inspector and with the Board, a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(d) Secretary's Report on Appeals. The secretary shall investigate the appeal and submit a report thereon, together with his recommendations, to the Board.
(e) Hearings. The Board shall fix a reasonable time for the hearing of the application or appeal and shall give written notice of such hearing to the parties in interest, including all property owners within and contiguous to and directly across the street from such parcel or parcels to the addresses of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to such other lists as may be required by Council. Reference is hereby especially made to Section 4.13 of the City Charter. Each application or appeal shall be accompanied by a check, payable to the Treasurer of the City, or a cash payment, sufficient in amount to cover the cost of publishing and/or posting, and mailing the notices of the hearing or hearings, but in no event shall it be less than fifteen dollars ($15.00). At the hearing, any party may appear in person or be represented by agent or attorney.
(f) Appeal from Decision of the Board. Any person or persons, jointly or severally aggrieved by any decision of the Board of Zoning and Building Appeals, or any officer, department, board or bureau of the City may present to the Court of Common Pleas of Licking County a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the Court within thirty days after the filing of the decision in the office of the Board of Zoning and Building Appeals. Any such case shall be heard and determined by the Court without a jury.
(g) Decisions of the Board. The Board shall decide all applications and appeals within thirty days after the date of notice of the required hearing thereon.
(1) A certified copy of the Board's decision shall be transmitted to the applicant or appellant, and to the Zoning Inspector. Such decision shall be binding upon the Zoning Inspector and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.
(2) A decision of the Board shall not become final until the expiration of five days from the date such decision is made, unless the Zoning Inspector certifies to the Board that such decision is necessary for the preservation of property or personal rights and shall so certify on the record.
(h) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Inspector certified to the Board after notice of appeal shall have been filed with him, that by reasons of acts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by the Court of Common Pleas of Licking County on application, on notice to the Zoning Inspector or by judicial proceedings, and on due cause shown.
(Ord. 21-67. Passed 12-4-67.)