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Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals, or any officer, department, board or bureau of the village may present to the Court of Common Pleas of the county in which the property is located a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds for the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board of Appeals. Any such case shall be heard and determined by the Court without a jury.
(Ord. 16-79, passed 10- -1979)
(A) The Board shall decide all appeals within 30 days after the date of notice of the required hearing thereon.
(B) (1) A signed copy of the Board’s decision shall be transmitted to the applicant or appellant, and to the Building or Zoning Inspector.
(2) Such decision shall be binding upon the Inspector and observed by him or her, and he or she 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.
(C) 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.
(Ord. 16-79, passed 10- -1979)
An appeal shall stay all proceedings in furtherance of the action appealed from unless the Mayor certifies to the Board after notice of appeal shall have been filed with him or her, that by reason of acts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property.
(Ord. 16-79, passed 10- -1979)
The Board of Zoning and Building Appeals shall have jurisdiction of the following.
(A) Conditional uses, special exceptions and interpretation of zoning map. The Board shall have the power to hear and decide, in accordance with the provisions of this chapter, applications filed as hereinbefore provided, for conditional uses, special exceptions or for interpretation of the zoning map or for decisions upon other special questions upon which the Board is authorized to pass by this chapter. 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 chapter 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) Nonconforming uses; substitutions. If no structural alterations are made, any nonconforming use of a structure or structures and premises, may as a conditional use be changed to another nonconforming use provided that the Board of Zoning and Building Appeals shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Zoning and Building Appeals may require appropriate conditions and safeguards in accordance with other provisions of this chapter.
(C) Temporary structures and uses. The Board may authorize 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 chapter for the district in which it is located, 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 12-month period subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
(D) Interpretation of zoning ordinance and 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, 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 chapter. In case of any question as to the location of any boundary line between zoning districts or where there is uncertainty as to the meaning and intent of a textual provision of the chapter, a request for interpretation of the zoning map or the textual provision in question may be made to the Board and a determination shall be made by said Board.
(E) Presumptions. The presumption is that any property owner should be permitted the fullest enjoyment of his or her property and to make any improvements thereon which do not additionally adversely affect neighbors or the neighborhood, or the public interest.
(F) Changes in districting.
(1) Such presumption does not extend to changes in the property which appear to be, or to resemble changes to a different class or district (i.e., R-I to R-II, C-I to C-II and the like) for that property alone. This is particularly to be avoided in cases where this is found to be the first such property in the neighborhood to seek a shift in classification or to request the first major change in the character of the neighborhood.
(2) No grant of a variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property or the intended use of said property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation.
(3) In such circumstances, the Board may request the views of the Planning Commission, Zoning Inspector or of Village Council, expressed in whatever way they may choose, and may read these views as part of the hearing process.
(G) Central village plat. In variance proceedings where substantially the same structure will result from a tearing down and sensible rebuilding, with some modest enlargement which technically violates the strict wording of the village regulations, the Board would do well to keep in mind the age of the lot plan of the central part of the village and the fact that most residents are now in technical violation if they were to seek to rebuild their present dwellings on the same foundation dimensions and lot lines.
(H) Unusual conditions. The Board shall have the power to authorize upon appeal in specific cases, filed as hereinbefore provided, such variances from the terms, provisions or requirements of this chapter as will not be contrary to the public interest; provided, however, cases where, owing to special and unusual conditions pertaining to a specific piece of property the literal enforcement of the provisions or requirements of this chapter would result in practical difficulty or undue hardship, they act so that the spirit of the chapter shall be upheld, public safety and welfare secured and substantial justice done.
(I) Exceptional circumstances. Whereby reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this chapter or by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this chapter would involve practical difficulty or would cause unnecessary hardship, unnecessary to carry out the spirit and purpose of this chapter, the Board shall have the power to authorize a variance from the terms of this chapter so as to relieve such hardship. 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 chapter and in the public interest. In authorizing a variance, with attached conditions, the Board shall require such evidence and guarantee or bond as it may deem to be necessary to enforce compliance with the conditions attached.
(J) Hardships. Hardship cases for variance should be considered from all sides, that which the owner will suffer (economic, aesthetic, inconvenience, lack of full enjoyment, inhibited modernization) and that which adjoining neighbors will receive (change in property value, encroachment of light or air space, change in general character of the neighborhood, aesthetic concerns).
(K) Performance violations. If the Zoning Inspector has grounds to believe that permits which may be issued may result in violations of performance standards outlined in §§ 153.290 and 153.291, or in any other subchapters of the chapter, he or she is entitled to seek the advice of the Board before granting any permit. The Board, by majority vote of its members or alternates in their place, is empowered to hear witnesses concerning the proposal which is questioned and to seek expert advice at the expense of the proponent, as agreed in advance, and paid for by him or her, or such permit shall not be issued, until the Board is satisfied no danger to the public exists.
(L) Continued supervision. If such permit is issued, continued supervision is expected by the village officials, and violations of its terms will result in action recommended by the Board and enacted by the Mayor and Council to enjoin further operations as a threat to life, property, health, safety and public environmental welfare. In accepting permits, the applicants expressly waive any defenses against such injunctions for non-performance brought in the public interest; subject only to an appeal to Common Pleas Court while their operation is enjoined by such previously agreed upon procedure.
(Ord. 16-79, passed 10- -1979)
DISTRICT CHANGES AND REGULATION AMENDMENTS
Whenever, because of public necessity, convenience, general welfare or when good zoning practices require, the Village Council may by ordinance, after recommendation thereon by the Village Planning Commission and subject to the procedure provided in this subchapter, amend, supplement or change the regulations, district boundaries or classifications of property now or hereafter established by this chapter or amendments thereof. It shall be the duty of the Planning Commission to submit its recommendations regarding all applications or proposals for amendments or supplements to the Village Council. An amendment, supplement, reclassification or change may be initiated by the Commission on its own motion or by a verified application of one or more of the owners or lessees of property within the area proposed to be changed or affected by this chapter.
(Ord. 16-79, passed 10- -1979)
(A) Applications for any change of district boundaries or classification of property as shown on the zoning map and for regulation amendments shall be submitted to the Planning Commission at its public office, on appropriate forms and all shall be accompanied by such data and information as may be prescribed for that purpose by the Commission so as to assure the fullest practicable presentation of facts for the permanent record.
(B) Such data shall include:
(1) The name and street address of the petitioner;
(2) The lot number of any real estate owned by the petitioner adjacent or within the areas proposed to be changed;
(3) A list of names of the owners of property within, contiguous to and directly across the street from the parcel sought to be affected, including the addresses of such owners or if unknown a statement of that fact and the address of the property;
(4) An accurate legal description of the district or area proposed to be altered;
(5) An accurate map, diagram or sketch of the district or area to be so altered and the lands contiguous thereto;
(6) Facts indicating that the proposed change requested will not be detrimental to the public health, safety or welfare and is in the public interest; and
(7) The interest, if any, of the petitioner in the parcel, the subject of the petition.
(Ord. 16-79, passed 10- -1979)
Before submitting its recommendations, an application or its own motion to the Village Council, the Planning Commission shall hold at least one public hearing thereon, notice of which shall be given by one publication in a news media of general circulation in the village at least ten days before the date of such hearing and, further, shall give written notice of said hearing to the parties in interest including all property owners within 200 feet of the property in question within ten days before the date of such hearing. Within 30 days after the public hearing, the Planning Commission shall recommend to Council that the amendment be granted as requested or it may recommend a modification of its amendment requested, or it may recommend that its amendment not be granted.
(Ord. 16-79, passed 10- -1979; Ord. 5-91, passed 5-7-1991)
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