(A) Membership. The Board of Zoning Appeals shall consist of five members who are residents of the city, and hold no other municipal office or employment. The members shall be selected by the City Council for overlapping terms of five years, in accordance with the Charter, Article IX, § 9.03. The Board of Zoning Appeals shall adopt its own rules and elect its own officers annually.
(B) Official Action. Three Board members shall constitute a quorum, and must be present to conduct Board business, to hold public hearings, to vote on requests for variances, interpretations, and decisions on appeals. When a request for a variance, interpretations, and decisions on appeals does not receive three votes for approval or disapproval, the request may be brought before the Board only when there are at least four Board members in attendance. (Ord. 2453, passed 8-14-84)
(C) (1) Administration appeals. To hear and decide appeals where it is alleged that there is an error in any interpretation, judgment, determination or decision made by the Zoning Enforcement Officer in the administration or enforcement of the provisions of this Zoning Code.
(a) Such appeal shall be made within ten (10) business days after the decision by filing with the Board of Zoning Appeals a notice of appeal on the forms provided for such purpose. The appeal shall:
(i) Cite specific provisions of this Zoning Code that are alleged to have been interpreted in error or the specific decisions or action being appealed and the grounds on which the appeal is being made.
(ii) Include the required fee as set forth in Chapter 37, General Fee Schedule.
(iii) Include such other information as the City of West Carrollton or any of its Boards, Commissions, Departments or Officers may reasonably require; and
(iv) Include a statement as to why the appellant has standing to pursue the appeal from the administrative action by a statement of the way in which the administrative action adversely affects the appellant.
(b) Upon receipt of an appeal, the Board of Zoning Appeals shall set a time and place for a public hearing on the appeal and shall provide the applicant written notice thereof. The hearing shall be commenced within a reasonable time after an appeal has been filed. Notice of the hearing shall be given not less than twenty (20) days prior to the date of the public hearing by publishing notice in a newspaper of general circulation in the city. The Zoning Inspector shall transmit to the Board of Zoning Appeals the materials constituting the record upon which the appeal is based.
(c) The Board of Zoning Appeals shall not be required to hear any case which has been the subject of an appeal during the previous twelve (12) months, unless substantial new evidence, critical to the case, becomes available.
(d) An appeal shall stay any further administrative action in regards to the action being appealed, except that when the appeal is of the issuance of a notice of violation pursuant to Section 154.05.08(D) involving illegal construction, such construction shall cease until a decision on the appeal is rendered by the Board of Zoning Appeals.
(Ord. 3452, passed 7-13-10.)
(D) The Board shall cause to be made a record of all its proceedings, setting forth its reasons for its decisions. The record, immediately following the Board's decision shall be filed in the offices of the Board and Planning Commission, and shall be open to public inspection.
(E) Appeals Procedure. Appeals from the Board of Appeals in their decision on administrative error; variances; interpretations, and related matters shall be to the county court of common pleas, as provided by the state statutes.
HISTORY: (Newly proposed; Formerly § 154.12, Ord. 1980, passed 7-13-76; Am. Ord. 2306, passed 2-23-82; Am. Ord. 2410, passed 9-27-83; Am. Ord. 2766, passed 9-11-90; Am. Ord. 2816, passed 8-13-91; Former paragraph § 154.12(C)(3) deletion proposed)