(A) Appeals. The Board shall hear appeals from any order, requirement, decision or determination made by the Village Planning Commission or the Planning Commission Staff. Such appeal shall be taken within such time as shall be prescribed by the Board in its rules, and by filing with the Village Administrator's Office a notice of appeal, specifying the grounds thereof. The Village Administrator's Office shall transmit to the Board all facts constituting the record on which the action of appeal is taken.
(B) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Village Administrator from whom the appeal is taken certifies to the Board, after the notice of appeal is filed with him/her, that by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such case no stay shall be had, unless a restraining order to that effect shall be issued by the Court of Common Pleas of Hancock County, Ohio, after due notice given to the Village Administrator from whom the appeal is taken and for good cause shown.
(C) Set meeting. The Zoning Appeals Board shall fix a time for the hearing of an appeal and give not less than seven days' notice thereof to the parties, in accordance with its rules of procedure, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.
(D) Board action. The Zoning Appeals Board may reverse, affirm or modify the order, requirement, decision or determination as in its opinion shall seem just and fair, and to that end, the Board shall have all the powers of the officer from whom the appeal is taken.
(E) Appeal of Board action. After hearing as provided above, any person adversely affected by any order or decision issued by the Board may appeal from the order of the Board to the Court of Common Pleas. Any party desiring to appeal shall file a notice of appeal with the Board setting forth the order appealed from and the grounds for appeal. A copy of such notice of appeal shall also be filed in the Court of Common Pleas by the party appealing. Such notice of appeal shall be filed within 30 days after the filing of a decision of the Board in the office of the Village Administrator. Such appeal may be on questions of law or on questions of law and fact. The filing of a notice of appeal in the office of the Board shall stay all proceedings appealed from until the Court of Common Pleas has rendered a decision on the matter. The provisions of the Ohio Revised Code shall further govern all appeals under the provisions of this subchapter.
(Ord. O-2019-24, passed 9-9-2019)