(a) 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 administration or enforcement of this code.
(b) Applicability.
(1) An appeal may be made regarding any administrative decision made in the administration and enforcement of this code including administrative decisions by the Planning Commission, Design and Review Board, Zoning Administrator, City Engineer, or any other administrative staff given the authority to make a decision as authorized by this code.
(2) An appeal may not be made to the BZA when the Planning Commission is making a recommendation to City Council as part of a legislative action such as a code text or map amendment.
(c) 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.
(d) Appeals Review Procedure. The review procedure for appeals shall be as follows:
(1) Step 1 - 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 Section 1105.02.
(2) Step 2 - Forwarding of the Record to the BZA. Upon receiving the written appeal of an administrative decision or determination, the Zoning Administrator or other staff member responsible for maintaining the related records, 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.
(3) Step 3 - BZA Review and Decision.
A. The BZA shall hold a public hearing within 45 days of the filing of the appeal provided adequate notification is provided pursuant to Section 1105.02(h).
B. To aid in their review, the BZA may transmit the application to appropriate administrative departments and professional consultants for review and comment. Any reports, comments or expert opinions shall be compiled by the Zoning Administrator and transmitted to the BZA prior to the time of the BZA's hearing related to the appeal.
C. Any person affected by the appeal may appear at the public hearing and testify in person, or by attorney or agent.
D. Within 30 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 BZA. An extended timeframe may be authorized if agreed upon by the BZA and applicant.
E. The decision of the BZA shall become effective immediately.
(e) Review Criteria. 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.
(f) 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.
(g) 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 the court of common pleas as provided in ORC Chapters 2505 and 2506.
(Ord. 2018-009. Passed 5-7-18.)