(a) The Planning and Zoning Commission shall hear appeals by any person affected by a decision made by the Chief Building Official, or his or her selected representative, or by any administrative officer, in matters relating to the Building and Housing Code, for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits, and may then decide appeals by either reversing, affirming wholly or in part, or modifying such order, requirement, decision or determination.
(b) The Planning and Zoning Commission shall also decide all matters specifically referred to it for decision in sections of the Building and Housing Code.
(c) No appeal shall be entertained by the Planning and Zoning Commission unless:
(1) Formal action has been taken by the Chief Building Official or his or her selected representative to refer the case to the Planning and Zoning Commission.
(2) Within ten business days of such action by the Building Official, or his or her selected representative, an application for appeal has been filed by the applicant in the office of the Chief Building Official or his or her selected representative.
(3) The application for appeal includes references to the decision or section of this Building and Housing Code from which appeal is sought, together with all necessary data in accordance with the form provided.
(4) A fee as established by ordinance or resolution is paid.
(d) An order may be reversed or modified by the Commission if it finds:
(1) The order is contrary to a provision of this Code.
(2) The order is contrary to a fair interpretation or application of this Code.
(3) A variance from the provisions of this Code, in a specific case, will not be contrary to the public interest where literal enforcement of this Code will result in unnecessary hardship.
(e) If an appeal from the decision of the Chief Building Official or his or her representative is received by the Building Department at least fourteen business days before a regularly scheduled meeting, the appeal shall be placed on the next agenda of the Planning and Zoning Commission meeting.
(f) Before making a decision, the Planning and Zoning Commission shall hold a public hearing or hearings and notify the party of the date and time of such hearing on all appeals for a variance to the Building and Housing Code.
(1) For purposes of conducting hearings, the Board may require the attendance of witnesses and the production of records and papers, and may take depositions of witnesses in accordance with Ohio R.C. 119.09.
(2) Testimony shall be under oath. A mechanical record of testimony and other evidence submitted shall be taken at the expense of the Board.
(3) At the discretion of the Chief Building Official, notices of the time and place of the hearing shall be posted on the affected property of the owners of record as they appear in the current records of the County Recorder. In all cases, the notices shall also be published ten business days prior to the Public Hearing in a newspaper of general circulation in the Municipality.
(g) The applicant must be present at the Public Hearing and the public meeting to be considered for an appeal. The Commission shall render its decision within sixty days after the conclusion of the hearing. Failure to act within sixty days such period shall be considered approval. The Commission may postpone or continue any hearing or case on its own motion or upon the application of any party.
(h) The concurring vote of three members of the Commission shall be necessary to reverse, affirm or modify, in whole or in part, the order, interpretation, requirement, direction or failure to act, which is the subject matter of the appeal.
(i) Following a denial of an appeal regarding decisions made by the Chief Building Official, or his or her selected representative, or by any administrative officer, in matters relating to the Zoning Code, the Chairman of the Commission shall inform the applicant of his or her right to appeal to Council.
(j) Council has the authority to review and overrule any decision of the Planning & Zoning Commission, by ordinance or resolution, passed by two-thirds (2/3) vote of the members elected to Council within forty-five business days of the date of the decision, provided that a Council member or the applicant notifies the Secretary to the Planning & Zoning Commission and the Chief Building Official of his or her objection in writing within five business days of the date of the decision of the Planning and Zoning Commission. The decision of Council in such matters is final and shall not be subject to appeal except to a court of competent jurisdiction in conformance with state and federal law.
(k) Where elsewhere in these Codified Ordinances reference is made to either the Planning Commission or the Board of Zoning Appeals, it shall be construed as reference to the Planning and Zoning Commission.
(Ord. 2013-68. Passed 10-16-13.)