(a) An application for an appeal or variance, when permitted according to Section 761.04, shall be made to the Zoning Administrator in writing by the owner of the lot, parcel, building or structure in question, or his or her authorized agent, and shall be accompanied by all necessary documents, in accordance with the form provided by the Zoning Administrator, and the fee as established by Chapter 765.
(b) An application shall not be accepted, nor any appeal entertained, unless such application is made within twenty days of the formal action against which the appeal is being made.
(c) The Zoning Administrator shall submit the application for an appeal or variance to the Zoning and Building Standards Board of Appeals at its next meeting following acceptance of the application. The Zoning Administrator shall also prepare and submit a written report to the Board of Appeals of all investigations, facts and findings deemed by him or her to be pertinent to the case.
(d) Before making any decision on an appeal or variance, the Board of Appeals shall hold a public hearing. Such hearing shall be held within sixty days of acceptance of the application for the appeal or variance by the Zoning Administrator.
(e) The Board of Appeals shall fix the date for the public hearing. Notices of the time and place of such hearing shall be mailed by the Zoning Administrator to the appellant or applicant, to all Councilmen, to owners of all property within 200 feet of the site, lot or parcel in question and to owners of any other property deemed by the Zoning Administrator to be affected. Owners and addresses shall be determined from current records of the County Auditor. The Zoning Administrator shall also cause notice of such hearing to be published once weekly for two successive weeks prior thereto in a newspaper of general circulation within the City of South Euclid.
(f) The Board of Appeals shall reach a decision on an appeal or variance request within forty-five days of the date of such hearing. The Zoning Administrator shall notify the applicant in writing of the decision of the Board of Appeals and shall maintain a detailed report of the proceedings and decisions of the Board of Appeals on each appeal or variance heard by the Board of Appeals. Such report shall be open to public inspection and copies shall be sent forthwith to each interested party, the Planning Commission and City Council.
(g) Within five days of the granting of an appeal or variance by the Board of Appeals, the Zoning Administrator shall approve the application for the building permit or certificate of occupancy in question in accordance with the terms of Sections 762.01 and 762.02. Any building permit or certificate of occupancy issued as a result of a decision of the Board of Appeals shall be subject to all other limitations and provisions of Sections 762.01 and 762.02.
The following graphic display of the Appeals and Variances Procedure provides a visual expression and is intended to aide in the interpretation of the regulation.
(Ord. 73-06. Passed 6-11-07.)