Appeals to the Board of Zoning Appeals may be made by any interested party aggrieved.
INTERESTED PARTY as used in this section shall mean the appellant (applicant) and all persons entitled to notice under division (D) below. Such an appeal shall be made as follows:
(A) Appeals shall be made to the BZA by filing with the BZA a notice of appeal specifying the grounds thereof.
(B) If an appeal is being made as a result of action by the Zoning Administrator, it must be made within 30 days from that action.
(C) All documentation, in whatever form, constituting the record upon which the action appealed from was taken shall be transmitted to the BZA.
(D) The BZA shall fix a reasonable time for the hearing of the appeal, give ten days notice by first class mail to the parties in interest as well as to all property owners within 250 feet of the subject property.
(E) The BZA shall decide the appeal within 30 days after the hearing. This time period may be extended for a period not to exceed 30 days if agreed to by the BZA and applicant.
(F) At the hearing, any party may appear in person or by attorney. Any party adversely affected by a decision of the BZA may appeal within 30 days to the Hamilton County Court of Common Pleas on the grounds that such decision was unreasonable or unlawful.
(1) In exercising the powers specified in § 1244.05, the BZA may , in conformance with this zoning code, reverse or affirm, wholly or partly, or modify, the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made. To that end, the BZA shall have all the powers of the officer from whom the appeal is taken. Before making any finding in a specific case, the BZA shall:
(a) Determine that the proposed change will not constitute a change in the zoning district map;
(b) Consider the following factors:
1. The adequacy of light and air to the adjacent properties;
2. The increase in traffic and possibility of congestion on public streets which might result from the proposed change;
3. The affect in property values within the surrounding area; and
4. The affect on any aspect of the public health, safety, comfort or general welfare.
(c) Every change granted or denied by the BZA shall be accompanied by a written finding of fact, specifying the reason for granting or denying the change.
(2) The concurring vote of three members of the BZA is necessary to reverse an order, requirement, decision or determination of the Zoning Administrator or his or her authorized representative, or to decide in favor of the applicant on any matter in which the BZA is required to pass under this zoning code, or to affect any variation in this zoning code.
(3) No order of the BZA permitting the erection or alteration of a building shall be valid for longer than six months, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started, and proceed to completion, in accordance with the terms of such permit.
(4) No order of the BZA permitting a use of a building or premises shall be valid for longer than six months, unless such use is established within such period. However, where such permitted use is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for such erection or alteration is obtained within such period and such erection or alteration is started, and proceeds to completion, in accordance with the terms of such permit.
(5) An appeal shall stay all proceedings in furtherance of the action appealed, unless the Zoning Administrator certifies to the BZA that by reasons of acts stated in the certificate, a stay would, in the Zoning Administrator’s opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the BZA or by the Court of Common Pleas, on notice to the Zoning Administrator or by judicial proceedings, and on due cause shown.
(Ord. 2003-51, passed 5-20-03)