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Version KW1, 082015
<br /> date of the Board of Zoning Appeals decision unless (1)building permits have been applied for
<br /> and issued by the Building Department; or (2) the Director of Planning and Development, upon
<br /> timely application, administratively extends the approval rendered by the Board of Zoning
<br /> Appeals for a period of up to one (1) year. The failure of the Director to grant such request is
<br /> final and not subject to review. Nothing in this section shall be construed to limit the effect of
<br /> Section 1123.13.
<br /> (Ord. 2010-126. Passed 2-15-11.)
<br /> 1123.13 FINALITY OF BOARD ORDER.
<br /> Any ruling, determination or order issued by the Board of Zoning Appeals, or Planning
<br /> and Design Commission, as applicable, made pursuant to Section 1123.12, shall be final, except
<br /> that an appeal therefrom may be taken to any court of record in accordance with the laws of the
<br /> State of Ohio, by any proper and interested party, including the Municipality. However, any
<br /> ruling, determination or order issued pursuant to Sections 1123.10 or 1123.11, shall become final
<br /> thirty days after the date thereof unless within such thirty days, Council, by actions as provided
<br /> in this chapter, reverses, amends, modifies or suspends such ruling, determination or order. All
<br /> rulings, determinations or orders of this Board under Section 1123.11 pertaining to additions to
<br /> nonconforming buildings in a Single Family Residence District shall be final, except that an
<br /> appeal therefrom may be taken to any court of record in accordance with the laws of the State of
<br /> Ohio, by any proper and interested party, including the Municipality.
<br /> (Ord. 2003-36. Passed 5-7-03.)
<br /> 1123.14 COUNCIL NOTICE; POWERS.
<br /> (a) Notice to Council. Upon the issuance by the Board of Zoning Appeals of any
<br /> ruling, determination or order issued pursuant to Sections 1123.10 or 1123.11, the Secretary of
<br /> the Board shall send, within three days of the date of such ruling, determination or order, a copy
<br /> thereof to the Clerk of Council who shall present such ruling, determination or order at the next
<br /> regular meeting of Council for its consideration and review.
<br /> (b) Powers of Council. Upon the presentation to Council by the Clerk of any ruling,
<br /> determination or order of the Board, issued pursuant to Sections 1123.10 or 1123.11, Council
<br /> may, by motion, with the concurrence of a majority of its members eligible to vote, approve,
<br /> disapprove, modify, alter, amend, add to, delete, affirm or reverse any such ruling, determination
<br /> or order or remand the same to the Board for further action and review, subject to such
<br /> instructions and conditions as it may impose. Upon such action, the motion of Council shall
<br /> have the same force and effect as the original ruling, determination and order of the Board
<br /> reviewed by Council. If Council fails to take any such action within thirty days of the date of the
<br /> issuance of such ruling, determination or order of the Board, its powers in respect thereto as
<br /> provided in this section shall cease and terminate.
<br /> (Ord. 90-125. Passed 5-21-91.)
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