§ 3. Applications  


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  • A. Appeal Forms. Appeals shall be made upon application forms approved by the Board and furnished by the Secretary in the manner prescribed by the Secretary, and all application forms shall require, among other things, that the applicant to include a current, valid e-mail address for communication by the Secretary to the applicant. An appellant shall provide all information requested on an application form and required by Zoning Code. An application is deemed "complete" when this information is provided and all applicable fees are paid.

    B. Perfection of Appeal. All appeal applications shall be filed with the Secretary. An appeal is perfected on the date that all information required by the application and upon the receipt of payment of all application fees by the Secretary. In no event shall an application be deemed to be complete and perfected unless and until nine (9) bound copies of the appeal application and all supporting materials requested in the application is submitted to the Secretary, which shall be submitted not later than twenty-one (21) days from the date of the filing of the application. Once an application is perfected, the Secretary shall schedule a hearing on the application and, in the case of the appeal of a record hearing, the Secretary shall provide notice of the hearing to all persons who signed the sign-in sheet at the record hearing. Following the scheduling of the hearing, the Secretary shall not accept any additional documentation to supplement a completed application unless the information is requested in writing by the Chair or Secretary as necessary to inform the Board of the facts of the appeal or unless otherwise permitted herein.

    C. Transcript. Within twenty-one (21) days of the filing of an appeal application taken from a decision made following sworn testimony taken at a prior public proceeding, the appellant shall file with the Secretary a complete record of the prior proceedings, including a transcript of all testimony. The costs of the transcription shall be paid by the appellant.

    D. Withdrawal. An appellant may request to withdraw its application at any time prior to the Board voting on the merits of the appeal; provided, however, if a motion is pending to determine the outcome of the appeal, the motion must be withdrawn by the moving Board member and upon a second by another Board member before an appeal may be withdrawn.

    E. Notice of Appearance by Appellee(s). Any person who has standing to oppose an application under the Zoning Code shall file with the Secretary a written notice of appearance not later than five (5) days prior to the date of the hearing. Any party who provides the required notice of appearance shall be considered an "appellee" for purposes of these Rules of Procedure.

    F. Postponements and Continuances. An appellant may make a request for postponement of a scheduled hearing in writing to the Secretary at least forty-eight (48) hours in advance of the scheduled hearing; provided, however, that if the scheduled hearing falls on a Monday, the request must be made prior to 12:00 p.m. Cincinnati time on the preceding Friday. The Secretary shall have discretion to determine whether to grant the postponement request. The Secretary shall promptly notify the appellee and all persons who were entitled to notice of the appeal of the postponement. The Secretary shall not consider more than two (2) requests for postponement of a hearing. Additional postponement requests shall be decided by a majority vote of the Board.

    Following the expiration of the deadline to make a written request for postponement, an appellant may request the continuance of a scheduled hearing by appearing at the scheduled hearing and making an oral request to the Board. Upon hearing an oral request for continuance, the Board may continue the hearing if it determines the appellant has demonstrated good cause that the hearing should be continued.

    An appellee may not request the postponement of a hearing. An appellee may request the continuance of a scheduled hearing by submitting the request in writing to the Secretary at least forty-eight (48) hours in advance of the scheduled hearing and appearing at the scheduled hearing. The Secretary shall promptly notify the appellant and all persons who were entitled to notice of the appeal of the request for a continuance. The Board may continue the hearing if it determines that denial of the appellee's request would constitute a denial of the appellee's right to due process under the law.