(a) Applications; Deposit. An application, in cases in which the Board of Zoning Appeals has original jurisdiction under the provisions of this Zoning Code, may be taken by any person aggrieved, including a tenant, or by a governmental officer, department, board or bureau. Such application shall be filed with the Zoning Inspector, who shall transmit the same to the Board. A fee of twenty-five dollars ($25.00) shall be made with the Zoning Inspector or his/her agent at the time notice of appeal is filed for the purpose of defraying the costs of the proceedings described herein.
(b) Appeals.
(1) An appeal to the Board may be taken by any person aggrieved or by an officer of the Municipality 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 of Zoning Appeals a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed was taken.
(2) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Inspector shall certify to the Board of Zoning Appeals after the notice of appeal shall have been filed with it, that by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of equity after notice to the officer from whom the appeal is taken and on due cause shown.
(c) Hearings.
(1) The Board of Zoning Appeals shall fix a reasonable time for the hearing of an appeal, give at least ten days public notice thereof in a newspaper of general circulation in the Municipality and at least ten days notice to parties having proprietary interest in land within 200 feet and decide upon the appeal within a reasonable time after it is submitted. At this hearing any party may appear in person or by an attorney.
(2) The hearings of the Board of Zoning Appeals shall be public. However, the Board of Zoning Appeals may go into executive session for discussion but not vote on any case before it.
(3) Upon the day for hearing any application or appeal, the Board of Zoning Appeals may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in such application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing unless the Board so decides.
(d) Decisions of the Board of Zoning Appeals.
(1) The Board shall decide all applications and appeals within thirty days after the final hearing thereon.
(2) A certified copy of the Board’s decision shall be transmitted to all parties in interest. Such decision shall be binding upon the Zoning Inspector and observed by him or her, and he or she 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.
(3) A decision of the Board shall not become final until the expiration of five days from the date such decision is made, unless the Board shall find the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.
(4) The Board may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all powers of the Zoning Inspector from whom the appeal is taken.
(5) Any aggrieved party may appeal a decision made by the Zoning Board to Village Council by filing a written notice of appeal to Council within seven days of the date of the Zoning Board’s final written decision. Council shall follow same procedure guidelines as written in subsections (b) through (d) hereof. Any party adversely affected by a decision of Village Council may appeal to the County Court of Common Pleas on the grounds that the decision was unreasonable or unlawful.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)