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1137.05 APPEAL PROCEDURE.
   (a)    Appeals to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer, department or bureau of the City from any order, requirement, decision or determination made by the City Manager in the enforcement of the City's Planning Code, Zoning Code, Property Maintenance Code, or Sign Code or regulations promulgated thereunder.
   (b)    Such appeals shall be taken in the manner prescribed by the Board by general rule, by filing with the City Manager and with the Board not later than thirty days after the date of the City Manager's decision, which is appealed from, and notice of appeal specifying the grounds thereof. The City Manager shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from is taken.
(Ord. 12-2012. Passed 10-15-12.)
1137.06 STAY OF PROCEEDINGS.
   An appeal stays all proceedings in furtherance of the action appealed from unless the City Manager certifies to the Board of Zoning Appeals after the notice of appeal shall have been filed with the City Manager that, by reason of facts stated in the certificate, a stay would, in the City Manager's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an order which may be granted by the Board, or by a court of record on application or notice to the City Manager on good cause shown.
(Ord. 12-2012. Passed 10-15-12.)
1137.07 HEARINGS.
   The Board of Zoning Appeals shall fix a reasonable time for the hearing of the appeal, give not less than fifteen days' public notice thereof on the City’s website, as well as give written notice of the hearing by first class mail, at least twenty days before the date of the public hearing, to the owners of property within and contiguous to and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list and to such other list or lists that may be specified by City Council. The failure of delivery of notice to the owners of parcels entitled to notice shall not render action taken by the Board at the hearing void or voidable. The Board shall decide the appeal within thirty days of the hearing. Upon the hearing, any party may appear in person or by agent or by attorney.
(Ord. 15-2022. Passed 10-17-22.)
1137.08 WRITTEN FINDINGS OF FACT.
   Every variance granted or denied by the Board of Zoning Appeals and/or every reversal, affirmation or modification of an order, requirement, decision or determination appealed from pursuant to Section 1137.04 shall be accompanied by written findings of fact, based on testimony and evidence, and specifying the reasons for granting or denying the variance or reversing, affirming or modifying the order. (Ord. 12-2012. Passed 10-15-12.)
1137.09 RESTRICTIVE COVENANTS.
   In affirming or modifying orders or granting variances the Board of Zoning Appeals may impose such additional requirements on the subject property, as will, in their judgment, protect anyone affected by the affirming or modifying of such orders or their granting of such variances. Such additional requirements shall be recorded as a restrictive covenant signed by an authorized official of the City of Wyoming and by the owner at the Hamilton County Recorder's Office. All recording fees and other expenses incurred in this process shall be the sole responsibility of the owner of the property on which the order was made or the variance granted.
(Ord. 12-2012. Passed 10-15-12.)
1137.10 FEE.
   The fee for the filing of a variance shall be in accordance with the most current schedule of fees adopted by City Council and shall be paid to the City Manager at the time the notice of appeal or request for variance is filed.
(Ord. 12-2012. Passed 10-15-12.)
1137.11 FURTHER APPEAL.
   Any further appeal by a party aggrieved by a decision of the Board of Zoning Appeals shall be as provided by State law.
(Ord. 12-2012. Passed 10-15-12.)