Any party adversely affected by a decision of the Planning Commission may appeal such decision to the Committee of Zoning Appeals.
(A) An appeal from a decision of the Planning Commission with regard to an application for a development plan, conditional use permit, similar use determination, specific referral, or some similar action may be made to the Committee by any person believing himself or herself aggrieved or by any such decision.
(B) To be considered, the appellant shall, within ten days after the date of such decision, file in the office of the Zoning Administrator, a notice of appeal specifying the decision or section of this Zoning Code from which the appeal is sought, the error alleged and all relevant data.
(C) Hearings.
(1) Before making any decisions on any appeal, the Committee shall hold a public hearing or hearings during a regularly scheduled or special Village Council meeting.
(2) Notices of the time and place of hearings shall be mailed to the appellant and to the affected property owners as they appear in the current records of the County Auditor of Fulton or Lucas County or be published for two successive weeks prior thereto, in a newspaper of general circulation in the village.
(3) All hearings conducted by the Committee shall be open to the public. Any person may appear and testify at a hearing either in person or by duly authorized agent or attorney. The Committee shall have the power to subpoena and require the attendance of witnesses, to administer oaths, to compel testimony, to produce reports, findings and other evidence pertinent to any issue referred to it for decision.
(D) Action. The Committee of Zoning Appeals shall act within 45 days after receipt of all required information and failure to act within such period shall be considered approval of the appeal unless an extension of time is mutually agreed upon.
(E) Record of decisions. The Committee Secretary shall provide a detailed report of all its proceedings, setting forth its reasons for decisions, the vote of each member participating therein the absence of a member, or a member’s failure to vote. Immediately following the Committee’s decision, such record, including any conditions prescribed by the Committee, shall be filed and posted for two weeks in the office of the Fiscal Officer. The report shall be open for public inspection and copies shall be provided to the appellant or any interested party noted therein.
(F) Notice to Council and Planning Commission. Upon issuance by the Committee of Zoning Appeals of any ruling, determination or order, the Chairperson of the Committee shall send within 14 days of the date of such ruling, determination or order, a copy thereof to the Fiscal Officer and to the Chairperson of the Planning Commission who shall present such report at its next regular meeting.
(Ord. 2023-03, passed 2-27-2023)