CHAPTER 1193

Board of Zoning Appeals

1193.01 Creation; appointment.
1193.02 Procedure.
1193.03 Quorum.
1193.04 Assistance from other departments.
1193.05 Applications, appeals hearings and stay of proceedings.
1193.06 Powers.
1193.07 Interpretation of Zoning Map.
1193.08 Administrative review and variance.

CROSS REFERENCES

Appeals from zoning decisions - see Ohio R.C. 713.11
City Planning Commission established - see ADM. 143.01
Additional uses, permitted and prohibited - see P. & Z. 1109.02, 1109.03
Nonconforming uses or buildings - see P. & Z. Ch. 1113
Investigation of existing uses - see P. & Z. 1165.02
To authorize mining of minerals - see P. & Z. 1169.01
Zoning certificate - see P. & Z. 1189.03


1193.01 CREATION; APPOINTMENT.
There is hereby created a Board of Zoning Appeals. The Board shall consist of five members who shall be residents of the City. The members shall be appointed by the Mayor subject to confirmation by Council for terms of three years, except that of those first appointed one shall serve for one year, two for two years, and two for three years. Vacancies shall be filled in the same manner for the unexpired term. The members of the Board shall serve at such compensation as may be fixed by ordinance and each member shall serve until his successor is appointed and qualified. Members of the Board may be removed by the Mayor for cause, upon written charges and after public hearing. The Mayor may appoint, for a term of three years, an alternate member of the Board in addition to the five members above provided for, who shall act, with full power, only when a member of the Board refuses to vote because of interest. The Board may employ a secretary and other employees.
(Ord. 196. Passed 11-21-63.)


1193.02 PROCEDURE.

The Board of Zoning Appeals shall organize, elect its chairman and adopt rules for its own government in accordance with this chapter. Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine.


Such Chairman, or in his absence the Acting Chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, of 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 immediately filed in the office of the Board and shall be public record.
(Ord. 196. Passed 11-21-63.)


1193.03 QUORUM.
Three members of the Board of Zoning Appeals shall constitute a quorum. The Board shall act by resolution, and the concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector or any other administrative official or to decide in favor of an applicant in any matter on which it is required to pass under this Zoning Code, or to grant any variance from the requirements stipulated in this Zoning Code. The grounds of every such determination shall be stated.
(Ord. 196. Passed 11-21-63.)


1193.04 ASSISTANCE FROM OTHER DEPARTMENTS.
The Board of Zoning Appeals may call upon the City departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
(Ord. 196. Passed 11-21-63.)


1193.05 APPLICATIONS, APPEALS, HEARINGS AND STAY OF PROCEEDINGS.

(a) Applications. An application, in cases in which the Board of Zoning Appeals has original jurisdiction under the provisions of this Zoning Code, may be taken by any property owner, including a tenant, or by a governmental officer, department, board or bureau. Such application shall be filed with the Zoning Inspector who shall transmit the same to the Board.

(b) Appeals. An appeal to the Board may be taken by any person aggrieved or by any officer, department, board 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 or with the Board, a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(c) Hearings. The Board shall fix a reasonable time for the hearing of the application or appeal, given ten days public notice thereof, as well as notice to the parties in interest, and decide the same within a reasonable time. Each application or appeal shall be accompanied by a check, payable to the City Treasurer, or a cash payment, sufficient in amount to cover the cost of publishing and/or posting and mailing the notices of the hearing or hearings, but in not event shall it be less than fifteen dollars ($15.00). At the hearing, any party may appear in person or be represented by an agent or attorney.

(d) Appeal from Decisions of the Board. Any person or persons, jointly or severally aggrieved by the decision of the Board, may appeal to the Court of Common Pleas of Belmont County, that such decision is unreasonable or unlawful Such petition shall be presented to the court within thirty days after the filing of the decision in the office of the Board.

(e) Decisions of the Board. The Board shall decide all applications and appeals within thirty days after the final hearing thereon.

A certified copy of the Board's decision shall be transmitted to the applicant or appellant and to the Zoning Inspector. Such decision shall be binding upon the Zoning Inspector and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.


A decision of the Board shall not become final until the expiration of five days from the date such decision is made, unless the Board shall find the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.

(f) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Board, after notice of appeal shall have been filed with him, that by reason of acts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by the Court of Common Pleas on application, on notice to the Zoning Inspector or by judicial proceedings, and on due cause shown.

(Ord. 196. Passed 11-21-63.)


1193.06 POWERS.
The Board of Zoning Appeals shall have the following powers:

(a) The Board shall have the power to hear and decide, in accordance with the provisions of this Zoning Code, applications filed as hereinbefore provided for conditional uses, special exceptions or for interpretation of the Zoning Map; or for decisions upon other special questions on which the Board is authorized to pass. In considering an application for a conditional use, a special exception or interpretation of the Zoning Map, the Board shall give due regard to the nature and condition of all adjacent uses and structures; and in authorizing a conditional use or special exception, the Board may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this Zoning Code for the particular conditional use or special exception, as the Board may deem necessary for the protection of adjacent properties and the public interest.

(b) In addition to permitting the conditional uses and special exceptions hereinbefore specified, the Board shall have the power to permit the following conditional uses and special exceptions:

(1) Nonconforming uses; substitution. The substitution of a nonconforming use existing at the time of enactment of this Zoning Code, by another nonconforming use, if no structural alterations except those required by law or resolution are made may be permitted by the Board. However, in an R-District no change shall be authorized by the Board to any use which is not a permitted or conditional use in any R-District, and in a B-District no change shall be authorized to any use which is not a permitted or conditional use in any B-District.

(2) Nonconforming uses; extension. The extension of a nonconforming building upon the lot occupied by such building, or on an adjoining lot, provided that such lot was under the same ownership as the lot in question at the time the use of such building became a nonconforming use may be permitted by the Board, provided that the value of such extension shall not exceed in all twenty-five percent of the assessed valuation for tax purposes of the existing building devoted to a nonconforming use, and that such extension shall be within a distance of not more than fifty feet of the existing building or premises. In addition, such extension shall in any case be undertaken within five years of the enactment of this Zoning Code; and the Board shall not authorize any extension or enlargement which would result in extending the useful life of a nonconforming building, or which would result in violation of the provisions of this Zoning Code with respect to any adjoining premises.

(3) Extension of use on border of district. The extension of a use or building into a more restricted district immediately adjacent thereto, but not more than twenty-five feet beyond the dividing line of the two districts, under such conditions as will safeguard development in the more restricted district may be permitted by the Board.

(4) Conditional industrial uses. The Board may permit in any M District any of the industries or uses listed in Section 1141.02. In doing so, the Board may require the installation, operation and maintenance in connection with the proposed use of such devices or such methods of operation, as may, in the opinion of the Board, be reasonably required to prevent or reduce fumes, gas, dust, smoke, odor, water-carried waste, noise, vibration or similar objectionable features, and may impose such conditions regarding the extent of open spaces between such industries or uses and surrounding properties as will tend to prevent or reduce the harm which might otherwise result from the proposed use of surrounding properties and neighborhoods.

(5) Temporary structures and uses. The temporary use of a structure or premises in any District for a purpose or use that does not conform to the regulations prescribed elsewhere in this Zoning Code for the District in which it is located may be permitted by the Board, provided that such use be of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use shall be granted in the form of a temporary and revocable permit, for not more than a twelve month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
(Ord. 196. Passed 11-21-63.)


1193.07 INTERPRETATION OF ZONING MAP.
Where the street or lot layout actually on the ground or as recorded, differs from the street and lot lines as shown on the Zoning Map, the Board of Zoning Appeals after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purpose of this Zoning Code. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the Zoning Map may be made to the Board and a determination shall be made by the Board.
(Ord. 196. Passed 11-21-63.)


1193.08 ADMINISTRATIVE REVIEW AND VARIANCE.

(a) The Board of Zoning Appeals shall have the power to hear and decide appeals filed as hereinbefore provided, where it is alleged by the appellant that there is error in any order, requirement, decision, determination, grant or refusal made by the Zoning Inspector or other administrative official in the enforcement and interpretation of the provisions of this Zoning Code.

(b) The Board shall have the power to authorize upon appeal in a specific case, filed as hereinbefore provided, such variances from the terms, provisions or requirements of this Zoning Code as will not be contrary to the public interest, but only in such cases where, owing to special conditions pertaining to a specific piece of property, a literal enforcement of the provisions of requirements of such Code will result in practical difficulty or undue hardship, so that the spirit of the Code shall be observed, public safety and welfare secured and substantial justice done.

(c) Where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this Zoning Code, or by reason of exceptional topographic conditions, or other extraordinary situations or conditions of such a piece of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of such Code would involve practical difficulty or would cause unnecessary hardship, the Board shall have the power to relieve such hardship, so that the spirit and purpose of this Zoning Code shall be observed and substantial justice done.


In authorizing a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purposes of the Zoning Code and in the public interest. In authorizing a variance with attached conditions, the Board shall require such evidence, guarantee, bond, surety or other security as it may deem necessary to enforce compliance with the conditions attached to the variance.

(d) No such variance in the provisions or requirements of this Zoning Code shall be authorized by the Board unless the Board finds, beyond reasonable doubt, that all of the following facts and conditions exists:

(1) That there are exceptional or extraordinary circumstances or conditions applying to the property in question, or to the intended use of the property, that do not apply generally to other properties or classes of uses in the same zoning district;

(2) That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity;

(3) That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of this Zoning Code or the public interest; and

(4) That the condition or situation of the specific piece of property, or the intended use of such property, for which variance is sought, or one or the other or both in combination, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations.

(e) In exercising its power, the Board may, in conformity with the provisions of Statute and of this Zoning Code, reverse or affirm, wholly or partly or modify the order, requirement, decision or determination appealed from, and make such order, requirement, decision or determination as ought to be made, and to that end has all the powers of the office from whom the appeal is taken.
(Ord. 196. Passed 11-21-63.)


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