(1) 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 enforcement of this zoning code.
(2) Applicability
(a) An appeal may be made regarding any administrative decision made in the administration and enforcement of this zoning code including administrative decisions by the Zoning Administrator, Planning Board, and Restoration Board.
(b) An appeal may not be made to the BZA when the Planning Board is making a recommendation to City Council as part of a legislative action such as a zoning text or map amendment.
(3) 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.
(4) Appeals Review Procedure
The review procedure for appeals shall be as follows:
(a) Step 1 - Notice on Intent to Appeal
(i) An appeal shall be initiated by filing a written letter or notice on the intent to appeal within 10 days of the date of the administrative order, decision, determination, or interpretation.
(ii) Such letter or notice shall be submitted to the Zoning Administrator.
(b) Step 2 - Submission of Appeal
Within 20 days of the administrative order, decision, determination, or interpretation, the person appealing the decision or their authorized agent shall submit all required information in accordance § 154.03(B).
(c) Step 3 - Forwarding of the Record to the BZA
Upon receiving the written appeal of an administrative decision or determination, the Zoning 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.
(d) Step 4 - BZA Review and Decision
(i) The BZA shall hold a public hearing within 30 days of the filing of the appeal provided adequate notification is provided pursuant to § 154.03(B)(8).
(ii) Any person affected by the appeal may appear at the public hearing and testify in person, or by attorney or agent.
(iii) Within 60 days of the close of the public hearing, the BZA shall render a decision on the appeal. The Zoning Administrator shall notify the appellant in writing of the decision of the Board.
(iv) The record of the hearing shall become journalized by formal adoption of the minutes at a later meeting of the Board.
(5) Review Criteria for Appeals
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.
(6) Stay
A properly submitted appeal shall stay all administrative proceedings by the city in furtherance of the action appealed, unless the Zoning 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.
(7) 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 as provided in R.C. Chapters 2505 and 2506.
(Ord. 5-14, passed 3-17-2014)