(a) Purpose. This section sets out the procedures to follow when a person claims to have been aggrieved or affected by an administrative decision made in the administration or enforcement of this code.
(b) Applicability.
(1) An appeal may be made regarding any administrative decision made in the administration and enforcement of this code including, but not limited to, administrative decisions by the Director of Community Development.
(2) An appeal may not be made to the BZA when the Planning Commission is making a recommendation to City Council as part of a legislative action such as a code text or map amendment.
(c) Initiation. Appeals shall be initiated by the person aggrieved or affected by any order, decision, determination, or interpretation made by the authority having jurisdiction who is charged with the administration or enforcement of this code.
(d) Appeals Review Procedure. The review procedure for appeals shall be as follows:
(1) Step 1 - Submission of Appeal. Within thirty (30) days of an administrative order, decision, determination, or interpretation, the person appealing the decision or their authorized agent shall submit all required information to the Director of Community Development in accordance Section 1129.02: Common Review Requirements.
(2) Step 2 - Forwarding of the Record to the BZA. Upon receiving the written appeal of an administrative order, decision, determination or interpretation, the Director of Community Development shall transmit the written appeal with all papers, documents, and other materials related to the appealed order, decision, determination or interpretation to the BZA. This material shall constitute the record of the appeal.
(3) Step 3 - BZA Review and Decision.
A. The BZA shall hold a public hearing within sixty (60) days of the filing of the appeal, provided adequate notification is provided pursuant to Section 1129.02(j).
B. In reviewing the appeal, the BZA shall, at a minimum, consider the review criteria of this section.
C. Within thirty (30) days of the close of the public hearing, the BZA shall render a decision on the appeal. The BZA may reverse or affirm, wholly or in part, or modify any such order, decision, determination or interpretation.
D. The Director of Community Development shall notify the appellant, in writing, of the decision of the BZA.
E. If the BZA fails to make a recommendation within the established timeframe, or an extended timeframe approved by the applicant, the application shall be deemed denied.
F. The decision of the BZA shall become effective immediately.
(e) Review Criteria. An administrative order, decision, determination or interpretation shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the order, decision. determination or interpretation fails to comply with either the procedural or substantive requirements of this code.
(f) Stay. A properly submitted appeal shall stay all administrative proceedings by the City in furtherance of the action appealed, unless the Director of Community Development certifies to the BZA that a stay would cause imminent peril to life or property, in which case the administrative proceedings shall not be stayed unless a restraining order is granted by the BZA or by a court of competent jurisdiction, for good cause shown.
(g) Appeals of BZA Decisions. Any person or entity claiming to be injured or aggrieved by any final action of the BZA shall have the right to appeal the decision to the court of common pleas of the applicable county, as provided in ORC Chapters 2505 and 2506.
(Ord. 2022-22. Passed 5-10-22.)