(A) Application. An application, in cases in which the Board has original jurisdiction under the provisions of this chapter, may be taken by any person aggrieved, including a tenant, or by a governmental officer, department, board, or bureau. Such application shall be filed with the responsible authority, who shall transmit same to the Board. If not contrary to the Ohio Revised Code enabling statutes for municipal zoning, a deposit shall be paid upon the filing of each appeal for each conditional use, and for each variance or miscellaneous use, for the purpose of defraying the costs of the proceedings described herein.
(B) Appeals.
(1) An appeal to the Board may be taken by any person aggrieved or by an officer of the village affected by any decision of the responsible authority. Such appeal shall be taken within 20 days after the decision, by filing with the responsible authority and with the Board a notice of appeal specifying the grounds thereof. The responsible authority shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.
(2) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the responsible authority shall certify to the Zoning Board of Appeals, after the notice of appeal shall have been filed with it, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the Board or by a court of equity, after notice to the officer from whom the appeal is taken and on due cause shown.
(3) The Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and shall make such order, requirement, decision, or determination as in its opinion ought to be made in the premises; and to that end, shall have all powers of the responsible authority from whom the appeal is taken.
(Ord. 1141, passed 9-1-1998)