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1127.11 PROCEDURES FOR VARIANCES AND APPEALS.
(a) Any applicant seeking a variance to the conditions imposed under this regulation or an appeal to an administrative decision made under this regulation, other than a decision by the Planning and Zoning Commission, may apply to or appeal to the Board of Zoning Appeals. The following conditions shall apply:
(1) When filing an application for an appeal to an administrative decision, the applicant shall file a notice of appeal specifying the grounds therefore with the administrative official within 20 days of the administrative official’s decision. Upon determining that the application is complete and upon receipt of the required fee of one hundred dollars ($100.00), the administrative official shall transmit to the Board of Zoning Appeals the application and a transcript constituting the record from which the administrative decision subject to appeal was based. This transmission shall occur no less than fourteen (14) days prior to a regularly scheduled meeting of the Board of Zoning Appeals in order to be placed on the agenda for that meeting.
(2) When applying for a variance, the applicant shall file a variance request with the Board of Zoning Appeals.
(3) Applications for appeals or variances made under this regulation shall contain the following information:
A. The name, address, and telephone number of the applicant.
B. Proof of ownership or authorization to represent the property owner.
C. The location of the property, including street address and permanent parcel number.
D. The current zoning of the property.
E. A description of the project for which the appeal or variance is sought.
F. A description of the administrative decision being appealed or the conditions of the regulation from which a variance is sought.
G. Names and addresses of each property owner within 500 feet as shown in the current records of the Cuyahoga Fiscal Officer typed on gummed labels.
(4) Applications for variances or appeals of administrative decisions shall not be resubmitted to the Board of Zoning Appeals within one (1) year of the date of a final decision by the Board of Zoning Appeals on the original application, unless the applicant shows the Board of Zoning Appeals either of the following:
A. Newly discovered evidence that could not have been presented with the original submission, or
B. Evidence of a substantial change in circumstances since the time of the original submission.
(b) A decision by the Board of Zoning Appeals in response to an application for a variance request or an appeal of an administrative decision filed pursuant to this regulation shall be final, unless appealed to Mayfield Village Council per Codified Ordinance Section 1105.02(d).
(Ord. 2013-10. Passed 8-19-13.)
1127.12 INSPECTION OF RIPARIAN SETBACKS.
The identification of riparian setbacks shall be inspected by Mayfield Village:
(a) Prior to soil disturbing activities authorized under this regulation. The applicant shall provide Mayfield Village with at least two (2) working days written notice prior to starting such soil disturbing activities.
(b) Any time evidence is brought to the attention of Mayfield Village that uses or structures are occurring that may reasonably be expected to violate the provisions of this regulation. (Ord. 2013-10. Passed 8-19-13.)
1127.99 PENALTY.
(a) Any person who shall violate any section of this regulation shall be guilty of a misdemeanor of first degree and, upon conviction thereof, shall be subject to punishment as provided in the Ohio Revised Code and shall be required to restore the riparian setback through a restoration plan approved by the Planning and Zoning Commission.
(b) The imposition of any other penalties provided herein shall not preclude Mayfield Village from instituting an appropriate action or proceeding in a Court of proper jurisdiction to prevent an unlawful development, or to restrain, correct, or abate a violation, or to require compliance with the provisions of this regulation or other applicable laws, ordinances, rules, or regulations, or the orders of Mayfield Village.
(Ord. 2013-10. Passed 8-19-13.)