(a) Appeal – When, How and by Whom. An appeal to the Board may be made by any person aggrieved or by any office, department, board, or bureau of the City affected by any decision of the Zoning Inspector. Such appeal shall be taken within sixty days after the decision, by filing with the Division of Code Administration a Notice of Appeal specifying the grounds thereof.
(1) Appeal form and content. The notice of appeal shall be of a standard form, which shall be readily available upon request from the Division of Code Administration. Included with the application shall be an accurate listing of the names and tax mailing addresses of all property owners located within 200 feet of any portion of the property, which is in the subject of the appeal. Each application shall be accompanied by a check, payable to the Treasurer of the City of Newark, or a cash payment, sufficient in amount to cover the cost of publishing, and mailing the notices of the hearing, but in no event shall it be less than fifty dollars ($50.00). The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(2) Zoning Inspector failure to act on application. When the Zoning Inspector fails to act on an application within the time limit described in Section 1232.02(c), the applicant may submit a written request to the Division of Code Administration, requesting to be included on the Board's agenda for the next available meeting. The applicant is not required to submit a notice of appeal, or pay any filing fees. Written notice by mail to property owners within 200 feet shall not be required.
(3) Zoning Inspector failure to act on requested inspection. When the Zoning Inspector fails to act on a requested inspection within the time limit described in Section 1232.04, the applicant may submit a written request to the Division of Code Administration, requesting to be included on the Board's agenda for the next available meeting. The applicant is not required to submit a notice of appeal, or pay any filing fees. Written notice by mail to property owners within 200 feet shall not be required.
(4) Ruling for new off-premises variable message projection sign. When an applicant applies for a new off-premises variable message projection sign, the applicant shall submit a completed notice of appeal. Each application shall be accompanied by a check, made payable to the Treasurer of the City of Newark, or a cash payment, in the amount of twenty-five dollars ($25.00). Written notice by mail to property owners within 200 feet shall not be required.
(5) Ruling for replacing existing off-premises sign with a new off-premises variable message projection sign. When an applicant applies to replace an existing off-premises sign with a new off-premises variable message projection sign, the applicant shall submit a completed notice of appeal form. Each application shall be accompanied by a check, made payable to the Treasurer of the City of Newark, or a cash payment, in the amount of twenty-five dollars ($25.00). Written notice by mail to property owners within 200 feet shall not be required.
(b) Appeal - Hearings.
(1) The Board shall fix a reasonable time for the public hearing of the application or appeal and shall give written notice by mail of the hearing to the parties of interest, including all property owners within 200 feet of any portion of the property in question. At the hearing, any party may appear in person or be represented by agent or attorney and shall be afforded an opportunity to speak.
(2) Applications shall be submitted to the Division of Code Administration at least twenty-one days prior to the regularly scheduled meeting date to be heard at that meeting. It is the purpose of this time limit to allow for mailed written notice to reach all parties in interest. Applications filed less than twenty-one days prior to the regularly scheduled meeting date shall be heard at the following meeting of the Board.
(c) Appeal - Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the decision appealed from unless in the opinion of the Zoning Inspector, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed unless applicant obtains a restraining order granted by the Court of Common Pleas.
(d) Appeal – Decision of the Board.
(1) The Board shall, except in those instances in which an appeal has been tabled at the request of the applicant, decide all applications and appeals within seventy-two hours after the date of the public hearing.
(2) A certified copy of the Board's decision shall be transmitted to the applicant or appellant, and to the Zoning Inspector. Such decision shall be binding upon the Zoning Inspector and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, if a permit is authorized by the Board.
(3) A decision of the Board shall not become final until the expiration of five business days from the date of such decision, unless the Board shall find it is necessary for the preservation of property or personal rights for the decision to have immediate effect and the Board shall so certify on the record.
(Ord. 08-33. Passed 5-4-09.)