(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 Village Administrator or Zoning Administrator.
(2) An appeal may not be made to the BZA when the decision is 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 the administrative order, decision, determination, or interpretation, the person appealing the decision or their authorized agent shall submit all required information to the Village Administrator in accordance with Section 1105.02: Common Review Requirements.
(2) Step 2 - Forwarding of the Record to the BZA.
A. Upon receiving the written appeal of an administrative decision or determination, the Village Administrator shall transmit the written appeal with all papers, documents, and other materials related to the appealed decision or determination to the BZA. This material shall constitute the record of the appeal.
B. The Village Administrator shall also place the appeal on the agenda for the next meeting of the BZA, provided notice is given, or may work with the BZA to set a special meeting to hear the appeal.
(3) Step 3 - BZA Review and Decision.
B. In reviewing the appeal, the BZA shall, at a minimum, consider the review criteria of this section.
C. Within ninety (90) days of the date the appeal was submitted to the BZA, the BZA shall render a decision on the appeal. The BZA may reverse or affirm, wholly or in part, or modify any such order, requirement, decision, or determination.
D. The Secretary of the BZA shall notify the appellant 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. A decision or determination shall not be reversed or modified unless there is competent, material, and substantial evidence in the record that the decision or determination 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 Village in furtherance of the action appealed unless the Village Administrator 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.
(1) If the BZA confirms the administrative decision subject to appeal, any person or entity claiming to be injured or aggrieved by such final action of the BZA shall have the right to appeal the decision the Lorain County Court of Common Pleas as provided in ORC Chapters 2505 and 2506.
(2) If the BZA overturns the administrative decision subject to appeal, any person or entity claiming to be injured or aggrieved by such final action of the BZA shall have the to appeal the BZA's decision to Village Council, as follows:
A. Village Council shall review the BZA's decision at a regularly scheduled meeting or special meeting following the submission of a request to appeal the BZA's decision.
B. Village Council may confirm the decision of the BZA by a simple majority vote or may overturn the decision of the BZA by a three-fourths vote of the total Village Council membership. The decision of the Village Council shall stand.
C. Failure of the Village Council to act within forty-five (45) days from the date the Village Council receives the application for an appeal shall be deemed a confirmation of the applicable BZA's decision.
(Ord. 2879. Passed 10-23-23.)