(a) Any appeal to Council pursuant to the Planning and Zoning Code of the City of Perrysburg, Ohio, shall be filed with the City pursuant to the specific terms of the provision granting the right to appeal.
(b) Unless otherwise provided for by law, an appeal may be filed by the party or parties who filed the initial application for consideration by the municipal commission, board, agency, or other decision maker to which the issues were initially presented.
(c) No such appeal may be filed until there has been a final decision by that commission, board, agency, or decision-maker; however, if (1) the underlying commission, board, agency, or decision-maker has failed to take action on an application or request a full hearing on the issues presented, and (2) the applicant has not agreed to re-submit, re-present, or otherwise return a modified application for consideration, an appeal may be accepted pursuant to a motion from Council to accept such an appeal, which may be passed by the affirmative vote of not less than five members of Council.
(d) The notice of appeal shall be filed in writing with the Clerk of Council. At the next regularly-scheduled meeting of City Council after an appeal has been filed, the Clerk of Council shall fix the time and place for a hearing on the appeal. Prior to the scheduled hearing, the issue shall be reviewed by the Planning and Zoning Committee unless Council by a majority vote refers the appeal directly to the scheduled hearing.
(e) Four (4) members of Council shall constitute a quorum to hear an appeal. Unless otherwise specifically provided for in the Planning and Zoning Commission or by law, the following procedure will apply to all such appeals; the appellant shall have the right to appear and be heard in person or by counsel; to offer and examine witnesses and present other evidence, which evidence shall be included with the final transcript or other record of the appeal; to examine any opposing witnesses and otherwise offer evidence to refute any evidence or testimony contrary to its positions; and to proffer any such evidence into the record, if the admission of it is denied by the officer or body appealed from. Any testimony in this appeal will be under oath and subject to legal penalties for falsification.
(f) In considering any issue on appeal, City Council shall apply the Code as it is drafted, exercising its independent judgment in interpreting any reasonably ambiguous or unclear provisions in the Code; however, Council shall not vary from those provisions and shall have no authority to disregard the terms of the Code to reach its decision.
(g) Following determination of an appeal, City Council shall prepare and approve written conclusions of fact supporting its decision.
(Ord. 92-2012. Passed 5-1-12.)