(a) Applications. An application, in cases in which the Board of Zoning Appeals has original jurisdiction under the provisions of this Zoning Code, may be taken by any property owner, including a tenant, or by a governmental officer, department, board or bureau. Such application shall be filed with the Zoning Administrative Officer who shall transmit the same to the Board. A fee in an amount determined by ordinance of Council shall be paid to the Zoning Administrative Officer at the time the notice of appeal is filed, which the Officer shall forthwith pay over to the credit of the General Fund of the City of Wapakoneta. There shall be no refunds or credits regardless of the approval or disapproval of the application by the Board, nor if the proceedings are stopped by the applicant at any time after the application is filed with the Zoning Administrative Officer.
(b) Appeals.
(1) An appeal to the Board may be taken by any person aggrieved or by an officer of the City affected by any decision of the Zoning Administrative Officer. Such appeal shall be taken within 30 days after the decision by filing with the Zoning Administrative Officer and with the Board a notice of appeal specifying the grounds thereof. The Zoning Administrative Officer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(2) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrative Officer shall certify to the Board, after the notice of appeal shall have been filed with it, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted to the Board or by a court of equity after notice to the officer from whom the appeal is taken and on due cause shown.
(3) The Board may, in conformity with the provisions of this chapter or State law, reverse or affirm, wholly or partly, or modify, the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all powers of the Zoning Administrative Officer from whom the appeal is taken.
(c) Fee. The fee to be collected by the City's Engineering Department for any application or appeal to be heard by the Board of Zoning Appeals is as established by City Council. Said fee shall be nonrefundable.
(d) Duration for Commencement and Completion. Upon approval of the Board of Zoning Appeals, the applicant(s) shall have six months to commence work on their project. In addition, the project must be completed and ready for final inspection by the City Engineering Department within six months of the approval date of the Board of Zoning Appeals. In the event that these time frames are not achieved, the Board of Zoning Appeal's action may be deemed void. Under special circumstances, the Board of Zoning Appeal may agree to give time extensions to these deadlines if deemed advisable.
(Ord. 2010-29. Passed 7-5-10.)