(a) Purpose. This section sets out the procedures to follow when a person claims to have been aggrieved or affected by an administrative decision made in the administration or enforcement of this Code.
(b) Applicability.
(1) An appeal may be made regarding any administrative decision made in the administration and enforcement of this Code including administrative decisions by the Planning Commission, Design and Review Board, Zoning Inspector, or any other administrative staff given the authority to make a decision as authorized by this Code.
(2) An appeal may not be made to the Planning and Zoning Board when the Planning Commission is making a recommendation to Village Council as part of a legislative action such as a code text or map amendment.
(c) Initiation. Appeals shall be initiated by the person aggrieved or affected by any order, decision, determination, or interpretation made by the authority having jurisdiction who is charged with the administration or enforcement of this Code.
(d) Appeals Review Procedure. The review procedure for appeals shall be as follows:
(1) Step 1 - Submission of Appeal. Within twenty (20) days of the administrative order, decision, determination, or interpretation, the person appealing the decision, or their authorized agent shall submit all the following information:
A. Name, address, email address, and phone number of the appellant.
B. Legal description of the property as recorded in the Holmes County Recorder's office.
C. A map or drawing to approximate scale, showing the dimensions of the lot and any existing or proposed building or structure.
D. The names and addresses of all property owners within 250 feet, contiguous to, and directly across the street from the property, as appearing on the Holmes County Auditor's current tax list.
E. Each appeal shall refer to the specific provisions of the Planning and Zoning Code which apply.
F. A narrative statement explaining the following:
(1) Details of the grounds on which it is claimed that the appeal should be granted.
(2) The specific reasons why the appeal is justified.
(2) Step 2 - Forwarding of the Record to the Planning and Zoning Board. Upon receiving the written appeal of an administrative decision or determination, the Zoning Inspector, or other staff member responsible for maintaining the related records, shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision or determination to the Planning and Zoning Board. This material shall constitute the record of the appeal.
(3) Step 3 - Planning and Zoning Board Review and Decision.
A. The Planning and Zoning Board shall hold a public hearing within 60 days of the filing of the appeal provided adequate notification is provided pursuant to Section 1139.05.
B. To aid in their review, the Planning and Zoning Board may transmit the application to appropriate administrative departments and professional consultants for review and comment. Any reports, comments or expert opinions shall be compiled by the Zoning Inspector and transmitted to the Planning and Zoning Board prior to the time of the Planning and Zoning Board's hearing related to the appeal.
C. Any person affected by the appeal may appear at the public hearing and testify in person, or by attorney or agent.
D. Within thirty (30) days of the close of the public hearing, the Planning and Zoning Board shall render a decision on the appeal. The Zoning Inspector shall notify the appellant in writing of the decision of the Planning and Zoning Board. An extended time frame may be authorized if agreed upon by the Planning and Zoning Board and applicant.
E. The decision of the Planning and Zoning Board shall become effective immediately.
(e) Review Criteria. A decision or determination shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the decision or determination fails to comply with either the procedural or substantive requirements of this Code
(f) Stay. A properly submitted appeal shall stay all administrative proceedings by the Village in furtherance of the action appealed, unless the Zoning Inspector certifies to the Planning and Zoning Board that a stay would cause imminent peril to life or property, in which case the administrative proceedings shall not be stayed unless a restraining order is granted by the Planning and Zoning Board or by a court of competent jurisdiction, for good cause shown.
(g) Appeals of Planning and Zoning Board Decisions. Any person or entity claiming to be injured or aggrieved by any final action of the Planning and Zoning Board shall have the right to appeal the decision to the court of common pleas as provided in ORC Chapters 2505 and 2506. (Ord. 2021-100. Passed 1-11-21.)