ORDINANCE NO. 02-07
AN ORDINANCE AMENDING SECTION 1139.05 OF THE CODIFIED ORDINANCES TO PROVIDE FOR THE POSTING OF A SIGN ON A PROPERTY THAT IS THE SUBJECT OF A HEARING BEFORE THE BOARD OF ZONING AND BUILDING APPEALS, AND TO AMEND THE REQUIREMENTS WITH REGARD TO THE TRANSCRIBING OF MEETINGS
WHEREAS, the Village Council, through the recent approval of Ordinance No. 01-07, has required that a sign be posted on a property that is the subject of an application that is under consideration by the Planning Commission; and
WHEREAS, it is the desire of the Village Council to similarly require the posting of a sign on a property that is the subject of a hearing before the Board of Zoning and Building Appeals.
NOW, THEREFORE, BE IT ORDAINED BY COUNCIL OF THE VILLAGE OF GRANVILLE, COUNTY OF LICKING, STATE OF OHIO, THAT:
Section 1. Section 1139.05 of the Codified Ordinances be, and the same hereby is, amended to read as follows:
(a) All applications and appeals filed with the Board of Zoning and Building Appeals shall be scheduled for hearing and heard within forty-five days of the date of filing unless extended upon written request of the applicant or appellant.
(b) Notice of the date and time set for the hearing shall be published in one or more local newspapers of general circulation in the Village and posted on at least one (1) public bulletin board. Notice to property owners listed in an application shall be by ordinary U.S. mail and certified mail at least fifteen days prior to the hearing date. The notice shall state the date, time and place of the hearing, the name of the applicant or appellant, and the nature of the proposed application or appeal. The failure of delivery of such notice shall not invalidate any decision by the Board related to the hearing.
A sign indicating the type of application as well as the date and time for the hearing shall also posted on the subject property at least fifteen (15) days prior to the hearing date.
(c) The following persons may appear at hearings as parties and be heard in person or by attorney:
(1) The applicant or appellant;
(2) The owner of property that is the subject of the application or appeal, if the owner is not the applicant or appellant;
(3) The owner of property adjacent or contiguous to the property that is the subject of the application or appeal; and
(4) Any other person who claims a direct, present injury or prejudice to any personal or property right or interest that was prejudiced by the decision or order appealed from, or claims such injury or prejudice will occur if the application is approved or denied.
(d) A person authorized to appear and be heard may:
(1) Present his or her position, arguments and contentions;
(2) Offer and examine witnesses and present evidence in support of his or her position, arguments, and contentions;
(3) Cross-examine witnesses purporting to refute his or her position,
arguments, and contentions;
(4) Offer evidence and testimony to refute evidence and testimony offered in opposition to his or her position, arguments, and contentions;
(5) Proffer any evidence or testimony into the record if such evidence or
testimony has not been admitted by the Board.
(e) Hearings are open to the public, but are not public hearings. Any witness offering testimony or presenting evidence at a hearing shall be placed under oath prior to offering testimony or evidence. All hearings shall be recorded by tape recorder or other electronic means. The Board, at its option, may have a hearing transcribed by court reporter.
(f) The Board shall decide all applications and appeals within thirty days after the conclusion of the hearing, unless waived by the applicant or appellant. Thereafter, and within thirty days of reaching its decision, the Board shall formalize its decision in writing.
(g) The Board's final decision shall be in writing, shall be accompanied by a finding of fact and statement of reasons for the decision reached and shall be filed in the Village Office and become a part of the public record. A certified copy of the Board's decision shall be transmitted by the Secretary of the Board to all parties to the hearing and all persons who claimed a right but were not permitted to appear as parties to the hearing, and to the Zoning Inspector by personal service or certified mail.
(h) The Zoning Inspector shall incorporate the terms and conditions of the decision in the permit to the applicant or appellant, whenever a permit is authorized."
Section 2. This ordinance shall be effective from and after the earliest period allowed by law.