CODIFIED ORDINANCE 1129.05
BOARD OF ZONING APPEALS CREATED

1129.06  PROCEEDINGS OF THE BOARD OF ZONING APPEALS

The Board of Zoning Appeals shall adopt rules necessary for the conduct of its affairs in keeping with this Zoning Ordinance.  Meetings shall be held on the second Monday of each month and at such other times as the Board may determine.  Agenda items must be submitted twenty calendar days prior to the regularly scheduled meeting.  Any meeting may be cancelled due to absence of agenda items.  All meetings shall be open to the public.  The President of Council shall designate a clerk or secretary to prepare packets and keep the minutes of its proceedings, showing the vote of each member upon each questions, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be public record and be immediately filed in the office of the Board.  (Ord. 48-95.  passed 9-28-95.)

1129.07  DUTIES OF THE BOARD OF ZONING APPEALS

(a)    In exercising its duties, the Board may, as long as such action is in conformity with the terms of this Zoning Ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken.  The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this Zoning Ordinance or to effect any variation in the application of this Zoning Ordinance.  For the purpose of this Zoning Ordinance the Board has the following specific responsibilities:

1. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Zoning Inspector; 

2. To authorize such variances from the terms of this Zoning Ordinance as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this Zoning Ordinance will result in unnecessary hardship, and so that the spirit of this Zoning Ordinance shall be observed and substantial justice done;

3. To grant conditional use permits as specified in the Official Schedule of District Regulations and under the conditions specified in Chapter 1137 and such additional safeguards as will uphold the intent of this Zoning Ordinance.
   (Ord. 48-95.  Passed 9-28-95.)

1129.08  DUTIES ON MATTERS OF APPEAL

It is the intent of this Zoning Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Board only on appeal from the decision of the Zoning Inspector, and that recourse from the decisions of the Board shall be to the courts as provided by law.  Any such appeal shall be made within ten days of the Board’s written decision.  It is further the intent of this Zoning Ordinance that the duties of Council in connection with this Zoning Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise.  The procedure for deciding such questions shall be as stated in this section and this Zoning Ordinance.  Under this Zoning Ordinance Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this Zoning Ordinance as provided by law; approving or rejecting planned unit development projects and of establishing a schedule of fees and charges as stated in Section 1125.11.  Nothing in this Zoning Ordinance shall be interpreted to prevent any official of the City from appealing a decision of the Board to the courts as provided in the Ohio Revised Code.   (Ord. 48-95.  Passed 9-28-95.)

1129.09  PROCEDURE AND REQUIREMENTS FOR APPEALS AND VARIANCES

Appeals and variances shall conform to the procedures and requirements of Sections 1129.10 through 1129.18 of this Zoning Ordinance.  As specified in Section 1129.07, the Board of Zoning Appeals has appellate jurisdiction relative to appeals and variances.
(Ord. 48-95.  Passed 9-28-95.)

1129.10  APPEALS

Appeals to the Board of Zoning Appeals concerning interpretation or administration of this Zoning Ordinance may be taken  by any person aggrieved or by any officer or bureau of the City affected by any decision of the Zoning Inspector.  Such appeal shall be taken within twenty days after the decision by filing, with the Zoning Inspector and with the Board of Zoning Appeals, a notice of appeal specifying the grounds upon which the appeal is being taken.  The Zoning Inspector shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken.
(Ord. 48-95.  Passed 9-28-95.)

An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is taken certifies to the Board of Zoning Appeals after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property.  In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken on due cause shown.
(Ord. 48-95.  Passed 9-28-95.)

1129.12  VARIANCES

(a)    The Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Zoning Ordinance, would result in unnecessary hardship.  No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance except as noted in subsection (b) below.  Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Zoning Ordinance would result in unnecessary hardship.

(b)    Applications for variances shall follow the procedures outlined in Sections 1129.09 to 1129.18.  In a Service Business District (B-1) the Board of Zoning Appeals may grant variances to lot coverage and setbacks after considering at least the following in addition to the other standards set forth in this chapter:

1. The case in question is in fact in a Service Business District (B-1).

2. That a literal enforcement of the provisions of Section 1137.22 would render the case in question impractical or inefficient and not in the best interests of the City or the applicant.  Conditions that could cause such situations may include:
    A.  Lots of record with less than the required area or frontage.
    B.  Unusual topographical or physical features such as steep slopes, rivers, streams or runs, existing easements or rights of way and so forth.

3. Adjacent properties that are similar in nature to the proposal in terms of lot coverage and setbacks.

The burden of establishing unique characteristics in support of such a request shall rest upon the applicant.  The intent of this paragraph (1129.12(b)) is to provide a mechanism for flexibility and more efficient uses of parcels that otherwise would be difficult to develop or improve through literal interpretation of the requirements of Section 1137.22.
(Ord. 48-95.  Passed 9-28-95.)

1129.13  APPLICATION AND STANDARDS FOR VARIANCES

(a)    A variance from the terms of this Zoning Ordinance shall not be granted by the Board of Zoning Appeals unless a written application for a variance is submitted, in accordance with Section 1129.06, to the Zoning Inspector and the Board of Zoning Appeals containing:

(1) Name, address and phone number of applicants;

(2) Site plan showing adjoining properties;

(3) Names and addresses of property owners contiguous to or directly across the street from the property concerned shall be provided;

(4) Description of nature of variance requested;

(5) A narrative statement demonstrating that the requested variance conforms to the following standards:

A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;

B. That a literal interpretation of the provisions of this Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Zoning Ordinance;

C. That special conditions and circumstances do not result from the actions of the applicant;

D. That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purpose of this Zoning Ordinance or the public interest.

(b)    A variance shall not be granted unless the Board makes specific findings of fact based directly on the particular evidence presented to it, which support conclusions that the standards and conditions imposed by subsection (a)(4) hereof have been met by the applicant.
(Ord. 48-95.  Passed 9-28-95.)

1129.14  SUPPLEMENTARY CONDITIONS AND SAFEGUARDS

(a)    Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this Zoning Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Zoning Ordinance in such district.  In granting an appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance.  Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Zoning Ordinance and punishable under Section 1125.99.

(b)    Any variance granted by the Board of Zoning Appeals shall expire if not so used within two years and the permit for such variance shall become void.
(Ord. 48-95.  Passed 9-28-95.)

1129.15  PUBLIC HEARING BY THE BOARD OF ZONING APPEALS

The Board of Zoning Appeals shall hold a public hearing within sixty-five days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant.
(Ord. 48-95.  Passed 9-28-95.)

1129.16  NOTICE OF PUBLIC HEARING IN NEWSPAPER

Before holding the public hearing required in Section 1129.15, notice of such hearing shall be given in one newspaper of general circulation in the City at least ten days before the date of such hearing.  The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
(Ord. 48-95.  Passed 9-28-95.)