(a) Required; Time Limit. The Board of Appeals shall hold a public hearing within thirty days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant.
(b) Notice in Newspaper. Before holding the public hearing required in subsection (a) hereof, notice of such hearing shall be given in one or more newspapers of general circulation in the Municipality at least seven days before the date of such hearing. The notice shall set forth the time and place of the hearing and the nature of the proposed appeal or variance.
(c) Notice to Interested Parties. Before holding the public hearing required in subsection (a) hereof, written notice of such hearing shall be mailed by the Chairman of the Board of Appeals, or delivered in a method approved by the Board, at least seven days before the day of the hearing, to all owners of properties within 500 feet of the property requesting the variance. The notice shall contain the same information as required of the notice required in subsection (b) hereof.
(d) Action by Board. Within 30 days after the date of the public hearing required in subsection (a) hereof, the Board shall either approve, approve with supplementary conditions, as specified in Section 1244.08, or disapprove, the request for the appeal or variance. The Board shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure.
(e) Appeals to City Council. Any person, firm or corporation, or any officer, department, board, or agency of the Municipality, or any interested elector of the Municipality who has been aggrieved or affected by any decision of the Board of Zoning Appeals, may appeal from such decision to the City Council within ten days of the Board's decision. All notices of appeal must be filed in writing with the City Manager.
(f) Hearings Before Council. The City Council shall hold a public hearing on all appeals within 45 days after such appeal has been filed with the City Manager. The Council may reject the appeal on the ground that the appellant does not have sufficient interest in the decision, remand the appeal to the Board for reconsideration if Council determines there is new evidence, or reverse, modify or affirm the decision of the Board. Such actions shall require five affirmative votes of the members of Council. If no action is taken by the Council within the 45 days, said inaction shall be deemed to be an affirmation of the Board's decision. All decisions of the City Council may be appealed to the Clark County Common Pleas Court as provided in Ohio R.C. Chapters 2505 and 2506.
(Ord. 82-38. Passed 9-20-82; Ord. 10-47. Passed 12-6-10; Ord. 12-45. Passed 9-4-12.)