(a) Notice. Appeals to the Board of Zoning Appeals for special exceptions or variances may be taken by any person aggrieved or by any officer of the City affected by any decision of the administrative officer. Such appeal shall be taken within seven (7) business days after the decision by filing with the Zoning Inspector and with the Board, a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(Ord. 1537-04. Passed 7-22-04.)
(b) Hearings. The Board shall fix a reasonable time for the hearing of the appeal. Notice of the hearing shall be given at least ten days prior to the hearing to all parties in interest as herein below provided. The Board shall decide the issue appealed within a reasonable time after the hearing. Notice of the time, place and nature of the appeal shall be posted by the City at least ten days prior to the hearing on a placard in the front yard of the affected property stating the nature of the appeal and the time and place of the hearing of the appeal. Notice of the appeal including the information set forth on the placard notice shall also be given by the City (1) to all contiguous property owners by certified mail return receipt requested, and (2) by publication in a newspaper of general circulation, which notices shall be posted and published by the City no later than ten days prior to the hearing. At the hearing, any party may appear in person or by attorney. (Ord. 1284-99. Passed 2-25-99; Ord. 1686-07. Passed 10-25-07.)
(c) Fees. At the time of submission of the application, the applicant shall pay a filing fee to the City in the amount set forth in Section 147.01(a)(1).
(d) Appeals to Court. The decisions of the Board shall be final. Any party adversely affected by a final decision of the Board of Zoning Appeals may appeal to the Court of Common Pleas of Montgomery County as provided by law. The following language shall appear at the end of all formal orders and/or decisions of the Board.
Notice of Final Appealable Order or Decision
The foregoing order and/or decision of the Board of Zoning Appeals of the City of Moraine, Ohio is a final appealable order and/or decision and may be appealed to the Court of Common Pleas of Montgomery County, Ohio as provided for by Chapters 2505 and 2506 of the Ohio Revised Code. You are advised that after entry of a final order or decision, the period of time within which an appeal shall be perfected is thirty days.
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Clerk
(Ord. 961-92. Passed 2-13-92; Ord. 1686-07. Passed 10-25-07.)