(A) On the filing with the Planning Commission of an application for a zoning amendment, a public hearing shall be established and notice thereof shall be given. The procedure shall be the same as that taken by the Zoning Board of Appeals.
(B) The Zoning Board of Appeals shall fix a reasonable time and place for the hearing of the appeal and give due notice thereof to all persons appearing on the tax rolls of the village, who have an interest in land on the same street within 500 feet from the property in question, and on every lot not on the same street within 300 feet of the lot or building and place all information on file for public examination, as required by Ohio R.C. § 713.12, provided that failure to give notice required by this division shall not invalidate any action taken. On the hearing, any party may appear in person or by agent or by attorney. Provided further, that notice of such hearing together with a short resume of the petition coming before the Board shall be published at least once 30 days before the hearing, in one or more newspapers of general circulation within the village, and that a written notice is served at least 20 days before the hearing on the owners of the properties located adjacent to the location for which the variation is requested, as required by Ohio R.C. § 713.12.
(C) The Board may reverse or affirm wholly or partly or may modify the order, requirement, decision, or determination as, in its opinion, ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of 3/4 of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Building Inspector or to decide in favor of the applicant any matter on which they are required to, under this chapter, or to effect any variation in this chapter. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Zoning Board of Appeals after notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which shall be granted by the courts on notice of the Building Inspector and on due cause shown.
(1995 Code, § 153.228) (Ord. 68-15, passed 8-22-1968)