(A) The Board of Zoning Appeals shall hear and decide upon appeals where it is alleged that there is any written decision made by the City Manager in the administration or enforcement of this chapter.
(B) A complete written appeal shall be filed by the appellant within 30 days of the date of the written decision of the City Manager, or the appeal shall become void. The
appeal shall be filed with the Board of Zoning Appeals. The written appeal shall:
(1) Cite specific provisions of this chapter that are alleged to have been interpreted in error or the specific action being appealed and the grounds on which the appeal is being made;
(2) Include an application fee for the appeal in an amount set specified in Chapter 37: General Fee Schedule.
(3) Include such other information as may be reasonably required to render a decision;
(4) A statement as to why the appellant has standing as an aggrieved party to pursue the appeal by a statement of the way in which the written decision adversely affects the appellant.
(C) Upon receipt of an appropriately completed appeal application, the City Manager shall transmit to the Board of Zoning Appeals all documentation constituting the record upon which the written decision(s) being appealed were based.
(D) Upon receipt of an appropriately completed appeal application, the Board of Zoning Appeals shall set a time and place for a hearing on the appeal. The hearing shall be commenced after an appeal has been filed. Written notice of the hearing shall be sent to the aggrieved party at least ten days prior to the hearing. The failure of delivery of such notice, however, shall not invalidate any subsequent proceedings. The aggrieved party or its representative may appear and be heard at the hearing, and present any evidence the party desires in support of its position.
(E) The Board of Zoning Appeals may affirm, reverse, or modify, in whole or in part, the decision appealed from, and to that end, the Board of Zoning Appeals shall have all the powers of the City Manager with respect to such decision. The concurring vote of a majority of the members of the Board of Zoning Appeals shall be necessary to reverse or modify any decision of the City Manager under this chapter. The Board of Zoning Appeals shall render a written decision on the appeal without unreasonable delay after the close of the hearing, and in all cases within 30 days after the close of the hearing.
(F) The filing of an appeal shall stay any further administrative action in regards to the written decision being appealed until a decision on the appeal is rendered by the Board of Appeals.
(G) The City Manager shall maintain a complete record of all actions of the Board of Zoning Appeals with respect to appeals.
(H) The Board of Zoning Appeals shall not be required to hear any case that has been the subject of an appeal during the previous 12 months, unless substantial new evidence, critical to the case, becomes available.
(I) Appeals from the Board of Appeals in their decision on appeals applications shall be to the county court of common pleas, as provided by state statutes.
(Ord. 3636, passed 7-10-18)