The Board of Zoning Appeals shall hold a public hearing within 30 days after the receipt of a complete application for a variance or an appeal of the Code Enforcement Officer's decision. An application for a variance may be filed by the property owner or a person having an equitable interest in the property. An application for an appeal may be filed by any person adversely affected by the decision of the Code Enforcement Officer. At the public hearing, any party may appear in person or be represented by an attorney at law.
(a) Notice of public hearing in newspaper. Before holding the public hearing required in § 1280.05, notice of such hearing shall be given in one or more newspapers of general circulation in the village, at least 14 days prior to the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
(b) Notice of public hearing by posting. Before holding the public hearing required in § 1280.05 publication of the foregoing public hearing notice shall be made by posting true copies thereof at five of the most public places in said village as determined by the Village Council, at least 14 days prior to the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
(c) Notice to parties of interest. Prior to conducting the public hearing required in § 1280.05, written notice of such hearing shall be mailed by the Secretary of the Board of Zoning Appeals (BZA) by first class mail at least 14 days before the day of the hearing to all owners of property within, contiguous to, and directly across the street from the subject property. The mailing list shall be supplied to the BZA by the property owners requesting the variance or appeal. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
(d) Action by the Board of Zoning Appeals.
(1) The Board of Zoning Appeals may continue the hearing on its assigned date for the purpose of obtaining additional information, or to serve notice of the hearing upon other property owners with substantial interest in the case. If a hearing is adjourned, the Board of Zoning Appeals shall not be required to inform previously identified persons who have already been heard of the time of its resumption.
(2) The Board of Zoning Appeals may call upon Village Departments and professional consultants in the performance of its duties. Such Village Departments or consultants shall render such assistance as may be reasonably required.
(3) The Board of Zoning Appeals may reverse or affirm, wholly or in part, the decision being appealed and it may direct the issuance of a permit or certificate.
(4) The Board of Zoning Appeals shall either approve, approve with supplementary conditions, or disapprove the request for appeal or variance.
(5) The Board of Zoning Appeals shall issue a written decision within 14 days after the close of the hearing.
(6) A copy of this decision shall be transmitted to the applicant, by certified mail, and to the Code Enforcement Officer or his or her authorized representative.
(7) Such finding shall be binding on all parties, and the Code Enforcement Officer or his or her authorized representative shall incorporate its terms and conditions in the relevant permit.
(8) Appeals from Board of Zoning Appeals decisions shall be made to the Court of Common Pleas of Hamilton County.
(9) Variances shall expire six months from the date of their being granted unless, prior thereto, the applicant obtains a zoning certificate and commences actual construction in accordance with the granted variance or an extension of time is granted by the Board of Zoning Appeals.
(e) Supplementary conditions and safeguards. Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this Zoning Code in the district involved or any use expressly or by implication prohibited by the terms of this Zoning Code. In granting any appeal or variance, the Board of Zoning Appeal may prescribe any appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the appeal or variance has been granted, shall be deemed a violation and punishable under § 1246.29 and/or § 1246.99 of this Zoning Code.
(Ord. 2012-20, passed 4-17-2012)