1125.02 APPEALS OF CITY ADMINISTRATOR DECISIONS.
(a) Board of Zoning and Building Appeals. Per Section 56
of the Charter of the City of Whitehall, and per Administrative Code Section 151.03
(Procedure for Administrative Appeal), the Board of Zoning and Building Appeals is established and authorized to hear and decide on appeals for exceptions related to this Code.
(b) Public Hearing Notice Requirements. At least ten (10) days before the date of the public hearing, at the direction of the Chairperson of the Board of Zoning and Building Appeals, the Director of Public Service shall cause written notice of the public hearing to be published in a newspaper of general circulation in Franklin County, Ohio.
(c) Review Procedure. Upon receipt of notice of a filed appeal, the Director of Public Service shall forward a copy of all records related to the appeal to the Board of Zoning and Building Appeals. The Cairperson of the Board of Zoning and Building Appeals shall set the hearing date of the appeal and cause the notice requirements to be met.
(d) Criteria for Appeal Review. The Board of Zoning and Building Appeals shall make findings and affirm or reverse or modify an appealed interpretation of the Director of Public Service based on the following:
(1) The interpretation's consistency with the goals of the Comprehensive Plan and any applicable purpose and intent statements within this Code.
(2) The interpretation's consistency with applicable provisions of this Code including but not limited to applicable definitions.
(3) If the affected work is eligible for a variance or other measure of relief in this Code, and if such measure of relief has been applied for and decided on.
(4) The anticipated effect of this interpretation on the work at hand.
(5) The effect of this interpretation on other similar work, when such data is available.
(e) Effect of Determination. The decision of the Board of Zoning and Building Appeals to affirm or reverse or modify an appealed interpretation of the Director of Public Service shall be final. Where additional review or actions by the Director of Public Service is required, the Director of Public Service shall proceed according to the determination of the Board of Zoning and Building Appeals.
(Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)