(a) Appeals, Generally.
(1) A Notice of Appeal may be filed with the Board of Zoning Appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Inspector in the enforcement of this UDO Zoning Ordinance or as set forth in Ohio R.C. Chapter 711 or other applicable sections of the Ohio Revised Code.
(2) Appeals to the Board may be taken by any person or by any governmental officer, board, bureau, or department of the City deeming himself or itself to be adversely affected by the decision of the Zoning Inspector or any decision in which the Board has original jurisdiction.
(3) Such appeal shall be taken within twenty (20) days after the decision.
(b) Appeal Application Requirements.
(1) A Notice of Appeal shall be filed with the Zoning Inspector in writing and on the forms prescribed therefore.
(2) The Notice of Appeal shall refer to the specific provision involved of the Zoning Ordinance, and shall exactly set forth the interpretation that is claimed, the details of the variance that is applied for, and the grounds on which it is claimed that the variance should be granted, as the case may be.
(3) The appellant shall post security for the cost of all action required for the hearing of the appeal.
(c) Effect of Appeal Application. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector whose decision is appealed certifies to the Board of Zoning Appeals after the notice of the appeal has been filed, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed by other than a restraining order granted by the Board or by a court having lawful jurisdiction.
(d) Transmittal of Record. Such Notice of Appeal and Administrative Report shall be transmitted to the Board.
(e) Public Hearing Required. When a notice of appeal has been filed in proper form with the Zoning Inspector, the secretary shall immediately place the request for appeal upon the calendar for hearing, which shall require public notice and a public hearing pursuant to Chapter 1137 (Administrative Hearing Procedures).
(f) Action by Board of Zoning Appeals.
(1) The Board of Zoning Appeals shall decide all such appeals within a reasonable time after the date of the hearing.
(2) Within its powers, the Board shall take a separate vote on each variance request and may reverse or affirm wholly or in part, or modify the order, requirement, decision or determination as in its opinion ought to be done, and to that end may direct the issuance of a permit or certificate by the Zoning Inspector.
(3) Every decision of the Board shall be by resolution, each of which shall contain a full written record of the findings of the Board by case number under one or another of the following headings: Interpretation; Variance; Other decisions; together with all documents pertaining thereto.
A. As a pre-requisite to the granting of an appeal, the Board shall expressly set forth the facts upon which the unnecessary difficulty is founded and may impose such conditions as it may deem necessary in furtherance of the purposes and intent of this UDO.
B. If the Board denies a request for a variance or other appeal, it must provide findings and conclusions of fact.
(4) A certified copy of the Board's decision shall be transmitted to the applicant or appellant and to the Zoning Inspector.
(5) Such decisions shall be binding upon the Zoning Inspector and observed by him and he shall incorporate the terms and conditions of the same in the zoning certificate to the applicant or appellant, whenever a permit is authorized by the Board.