The following provisions shall apply to the Board of Zoning Appeals:
(a) Appeals to the Board of Zoning Appeals. An appeal to the Board of Zoning Appeals may be made by any person aggrieved (who, for the purposes of appeals brought pursuant to this section, shall be defined as the applicant, the owners of real property which is the subject of the appeal and the owners of real property within 300 feet, in any direction, of the boundaries of the real property which is the subject of any such appeal; or by an officer, department, board, or bureau of the City concerning any decision of the Zoning Administrator or Planning and Zoning Commission. Such appeal shall be made within 35 days after the decision, by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. On receipt thereof, the Zoning Administrator shall maintain all files constituting the record on which the action appealed.
(b) Hearings. The Zoning Administrator shall fix a reasonable time for the hearing, give at least ten days public notice thereof, in a newspaper of general circulation in the area, post public hearing notice on the property, and decide the same within a reasonable time, provided that the date for said public hearing is satisfactory to the Board of Zoning Appeals and the applicant. Each appeal shall be accompanied by a payment determined by Council. It shall be the appellant’s sole responsibility to do all legal notices and publication required by law. At the hearing, any party may appear in person or be represented by an agent or attorney.
(c) Decisions of the Board of Zoning Appeals. The Board of Zoning Appeals shall decide all applications and appeals within 35 days after the close of the hearing thereon. Every appeal granted or denied must be accompanied by a written finding of fact based on testimony and evidence and specifying the reason for granting or denying the appeal. A certified copy of the Board of Zoning Appeals decision shall be transmitted to the appellant, and to the Zoning Administrator. Such decision shall be binding on the Zoning Administrator and observed by them, and they 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 of Zoning Appeals. A certified copy of the Board of Zoning Appeal’s decision as well as a copy of the minutes of the Board of Zoning Appeals meeting shall be filed immediately in the City Building and shall be a public record.
(d) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Zoning Appeals, after notice of appeal shall have been filed with the Zoning Administrator, that by reasons of acts stated in the certificate, a stay would, in the Zoning Administrator's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by the Common Pleas Court on application, on notice to the Zoning Administrator or by judicial proceedings, and on due cause shown.
(e) Appeal from Decisions of the Board of Zoning Appeals. There shall be no further appeals to a City body to the decisions of the Board of Zoning Appeals.
(Ord. 2007-1. Passed 1-9-07.)