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(A) Filing for an appeal/variance. When any order, requirement, decision, or determination is subsequently appealed to the Zoning Board of Appeals or when a variance is requested, as provided for in this chapter, the appellant shall file a notice of appeal with fee to the Zoning Administrator, who shall forward all records and materials to the Zoning Board of Appeals. If appealing a determination or orders, the Zoning Administrator shall also send copies of all materials to the official or body of officials from whom the appeal is taken. The body or official shall also make all records available to the ZBA for review.
(B) General procedural steps by ZBA.
(1) If an appeal, it must be filed within 30 days from the date of the action being appealed. If request is for a variance or interpretation, no time limit for filing is required.
(2) The ZBA reviews the appeal form to make sure that it is the proper form for the action requested, and to see that all required information is submitted.
(3) The City Clerk shall place the appeal form on the calendar for hearing at the next meeting of the ZBA, and shall cause notice stating the time, place, and object of the hearing to be served. Notice of the hearing shall be published in a newspaper of general circulation not less than 15 days before the date of the hearing. These notices shall be served personally or by mail at least 15 days prior to the hearing upon the applicant or appellant, the Zoning Administrator and the owners of record of property within 300 feet of the premises in question, which notices, if by mail, shall be addressed to the respective property owners of record at the address given in the last assessment roll. In the event property immediately adjacent to the premises shall be part of a different governmental subdivision, the owner of the property shall nevertheless receive notice and shall be entitled to be heard.
(4) At the hearing, rules and procedures for the conduct of the hearing as may be established in the bylaws of the ZBA shall be followed.
(a) Any party may be heard in person or by agent or attorney.
(b) The ZBA may adjourn the hearing in order to permit the obtaining of additional information or to cause any further notice as it deems proper to be served upon other property owners as it decides may be interested in the application or appeal. If the hearing is adjourned, persons previously notified and persons already heard, need not be notified of the time of resumption of the hearing.
(5) Following the hearing, the ZBA shall formulate its decision.
(a) The ZBA shall consider the merits of the individual application or appeal within the context of any and all standards and considerations established in this chapter. In the case of variances, the standards of § 153.311 shall control.
(b) The Zoning Board of Appeals may reverse or affirm, wholly or part, or may modify the order, requirement, decision, or determination of issue, as in its opinion ought to be made, and to that end shall have all the powers of the official or body of officials from whom the appeal was taken, and may direct the issuance of a permit.
(c) The written decision of the ZBA shall not be final until five days after it is made unless the ZBA shall find the immediate effect of the order is necessary for the preservation of property or personal rights, and shall so certify on the record. In the written decision on the application or appeal, the ZBA must include the reasons for decision and facts supporting those reasons.
(1993 Code, § 154.225) (Ord. 84-1, passed 1-3-1984)