(A) Appeals. Appeals to the Zoning Board of Appeals concerning interpretation or administration of this Zoning Code may be taken by any person aggrieved by any zoning decision of the Building Commissioner. Such appeal to the Zoning Board of Appeals shall be taken after the decision of the Building Commissioner by filing with the Building Commissioner and with the Zoning Board of Appeals a notice of appeal specifying the grounds upon which the appeal is being taken. Appeals shall be made in writing accompanied by an application fee as set by Council. The Building Commissioner shall transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
(B) Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless the Building Commissioner from whom the appeal is taken certifies to the Zoning Board of Appeals, after the notice of appeal is filed with him or her, that by reason of facts stated in the application a stay would, in his or her opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by restraining order which may be granted by the Zoning Board of Appeals or by a court of record upon application, or notice to the Building Commissioner from whom the appeal is taken, on due cause shown.
(C) Public hearing by Zoning Board of Appeals. The Zoning Board of Appeals shall set a public hearing within 20 days after the receipt of an application for a variance or a notice of appeal. The hearing on the appeal or variance shall be held within 30 days of receipt of application for the variance or the notice of appeal.
(D) Notice of public hearing in newspaper. Before holding the public hearing, notice of such hearing shall be given by publication in a newspaper of general circulation in the village not less than ten days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.
(E) Notice to parties in interest. Before holding the public hearing the applicant shall submit a notification form signed by each record owner of any property located within 200 feet in any direction of the property upon which an applicant for an appeal or variance has been filed. The notification form to be signed by each such property owner shall be available from the Building Department and shall contain the same information as required of notices published in newspapers.
(F) Authority of Zoning Board of Appeals. The Zoning Board of Appeals may authorize upon appeal in specific cases such variance from the terms of this Zoning Code as will not be contrary to the public interest where, owing to special conditions of the property, a literal enforcement of the provisions of this Zoning Code would result in unnecessary hardship. No variance shall be granted by the Zoning Board of Appeals unless it is found that all of the requirements and standards are met. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming uses of land, structures or buildings in other districts shall be considered grounds for issuance of a variance.
(G) Action by Zoning Board of Anneals. Within 30 days after the public hearing the Board shall either approve, approve with supplementary conditions, or disapprove the application as presented. If the application is approved or approved with modifications, the Board shall direct the Building Commissioner to issue a conditional zoning permit listing the specific conditions specified by the Board for approval. If the application is disapproved by the Board the applicant may seek relief through the Court of Common Pleas.
(Ord. 2001-O-17, passed 7-9-2001)