CITY OF MARYSVILLE, OHIO
125 East Sixth Street, Marysville, Ohio 43040
Phone:  (937) 642-6015  *  Fax:  (937) 642-6045

 

 

Home / Employment / Calendar / City Directory / Contact Us

 

 
ZONING APPEALS

 BOARD OF ZONING APPEALS

The Board of Zoning Appeals consists of seven members appointed by the President of Council, with the consent of Council, for term of five years.  Each member shall be a resident of the City.  Vacancies shall be filled by appointment by the President of Council, with the consent of Council, for the unexpired term of the member affected.  The City Zoning Inspector or designee shall be present when requested, and shall be an ex-officio member of the Board of Zoning Appeals without voting privileges.

Meetings are held on the second Monday of each month at 7pm, in Council Chambers on the first floor of City Hall, 125 E. 6th Street.  Additional meetings may be held as the Board may determine.  Agenda items must be submitted 20 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.

For the purpose of the Zoning Ordinance, the Board has the following specific responsibilities:

  • 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;

  • 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;

  • 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.

It is the intent of the 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.

Appeals to the Board of Zoning Appeals concerning interpretation or administration of the 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 20 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.

The Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of the 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.  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.

The Board of Zoning Appeals shall hold a public hearing within 65 days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant.

The Board of Zoning Appeals shall review the particular facts and circumstances for a conditional use of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

  • Is in fact a conditional use as established under the provisions of Chapter 1137 and appears on the Official Schedule of District Regulations adopted by Section 1137.02 for the zoning district involved;

  • Will be harmonious with and in accordance with the general objectives, or with any specific objective of the City's Comprehensive Plan and/or the Zoning Ordinance;

  • Will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

  • Will not be hazardous or disturbing to existing or future neighboring uses;

  • Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;

  • Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

  • Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes or odors;

  • Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.

In granting any conditional use, the Board may prescribe appropriate conditions and safeguards in conformity with the Zoning Ordinance.

 

 

Request for Appeal

Request for Variance

Request for Conditional Use

 

Contact Webmaster about this site.
Copyright © 2006 City of Marysville