(A) Any person, firm or corporation who appeared or who attempted to appear at the hearing before the Planning Commission and who is aggrieved by any decision of the Planning Commission involving an application for certificate of appropriateness, or application for variance, may appeal such decision to the Village Council by filing a notice of intent to appeal with the Clerk-Treasurer within 10 days from the date of the decision, setting forth the facts of the case.
(B) If the Mayor believes that a decision of the Planning Commission is illegal, arbitrary, capricious or in violation of existing law, regardless of whether the Mayor appeared at the hearing at which the decision was taken, then the Mayor may appeal such decision to Village Council by filing a notice of intent to appeal with the Clerk-Treasurer within 10 days from the date of the decision, setting forth the facts of the case.
(C) At its next regularly scheduled or special meeting occurring at least 5 days after the filing of the notice of intent to appeal, Council may then elect to consider the appeal by the affirmative vote of a majority of its members, or failing to so elect, shall reject the application for appeal. If the Mayor is the appellant, Council shall appoint another of its members to conduct any consideration related to such appeal, and the Mayor shall not vote on any matters related thereto. In the event Council elects to consider an appeal, the hearing shall be held not later than 60 days after Council determines to hold such a hearing. Council should not consider or take into account any material or information presented by the aggrieved party that has not been previously considered by the Planning Commission. Only the appellant and any person who appeared before the Planning Commission regarding such matter shall be entitled to participate in the hearing before Council. In considering such appeal, Council shall rely solely on the record and evidence presented to the Planning Commission, and any transcript of such hearing, and shall not consider any additional evidence, material or information presented by any person, unless Council by motion determines that the appellant did not have an opportunity to present evidence to the Planning Commission or did not have the opportunity to cross-examine witnesses at that hearing.
(D) Council may affirm the decision of the Planning Commission, reverse the decision of the Planning Commission or, with the agreement of the appellant, remand the decision to the Planning Commission for further consideration; provided that Council may reverse the decision of the Planning Commission only if the Council, by a majority vote of its members, determines that the decision was arbitrary or capricious, was based upon an erroneous finding of a material fact, constituted an abuse of discretion or was based upon an erroneous interpretation of the Riverlea Zoning Code or otherwise applicable law. If Council fails to reverse the decision of the Planning Commission or to remand the decision to the Planning Commission, such appeal shall be denied. The decision shall be final, subject to the rights of any party to appeal Council’s actions pursuant to R.C. Chapter 2506.
(Ord. 584, passed 4-21-1986; Am. Ord. 04-2009, passed 7-20-2009; Am. Ord. 03-2014, passed 8-18-2014)