The Planning Commission shall function as the Board of Appeals and shall perform the following functions:
(a) Administrative Appeals. To hear and decide appeals where it is alleged that there is an error in any interpretation, judgment, determination or decision made by the Zoning Inspector in the administration and/or enforcement of the provisions of this Ordinance. No public hearing shall be held.
(Ord. 1973-44. Passed 12-18-73.)
(b) Adjustments. To authorize upon appeal, where because of physical circumstances, exceptional narrowness, shallowness, shape, topographic condition, extraordinary lot conditions, or other conditions peculiar to the property, building or structure in question, there is no possibility that the property can be developed in strict conformity with the provisions of this Ordinance and adjustment is therefore necessary to enable the reasonable use of the property, provided such minimum relief can be granted without substantial detriment to the public good and does not substantially impair the intent of this Ordinance, an adjustment may be considered under the following terms and conditions. A public hearing shall be ordered by the Board. Notice thereof shall be given by the secretary of the Board not less than twenty-five days prior to the date of the public hearing by publishing the notice in a newspaper of general circulation in the Municipality. Notice shall also be given within twenty days to the parties having proprietary interest in the land located within 200 feet of the property in question, as named in the application by such other means as the granting authority deems appropriate. Failure of any person, other than the applicant, to receive notice of any hearing or public hearing shall in no way affect the validity of the action taken. No adjustment shall be granted unless the Board finds that all of the following conditions exist:
(1) The proposed adjustment will not constitute a change, including an adjustment in use, on the Zoning Map. In no case shall the Planning Commission functioning as the Board approve an adjustment for a use which is not a permitted use in the zoning district in which the property, building or structure is located.
(2) The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not result from the actions of the applicant and do not apply generally to other land or buildings in the vicinity.
(3) That the literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Ordinance.
(4) The granting of the application is necessary for the preservation and enjoyment of the substantial property right and not merely to serve as a convenience to the applicant.
(5) That granting the adjustment requested will provide the minimum necessary relief to alleviate the hardship and will not confer on the applicant any special privilege which is denied by this Ordinance to other lands, structures or buildings in the same zoning district.
(6) That granting of the adjustment will be in harmony with the general purpose and intent of this Ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
Following disapproval by the Board of an application or request for adjustment from the literal interpretation of this Ordinance, no subsequent application requesting the same adjustment shall be filed by any applicant, whether the same person, firm or corporation, until the expiration of twelve months after the original or subsequent disapproval.
The Board shall cause to be made a record of all its proceedings, setting forth its reasons for its decisions. Such record, immediately following the Board’s decision, shall be filed in the offices of the Board, and shall be open to public inspection. Appeals from the Board in their decisions on the administrative error, adjustments, conditional uses, special exceptions and related matters shall be to the Council of the City of Canfield who shall conduct a public hearing in compliance with Sections 1131.05 and take action pursuant to Section 1131.06.
(Ord. 2023-25. Passed 7-12-23.)
(c) Conditional Uses. The Board may hear and decide upon, in accordance with the provisions of this Ordinance, applications for a conditional use permit. The purpose of a conditional use permit is to allow a proper integration into the Municipality of uses which may only be suitable in specific locations within certain zoning districts or only if such uses are designed or laid out in a particular manner on the site. A conditional use permit shall be required for all uses listed as conditionally permitted uses in Chapter 1141.
(1) Application for a conditional use permit shall be made by the property owner, or agent thereof, to the Board on a form prescribed by the Municipality, and shall include maps and drawings necessary to demonstrate that the conditions set forth in Chapter 1151 shall be fulfilled.
(2) In considering an application for a conditional use permit, the Board must make an affirmative finding that the proposed conditional use is to be located in a district wherein such use may be conditionally permitted, and that all conditions for approval of conditional uses have been met.
(3) The Board shall give due regard to the nature and condition of all adjacent uses and structures and the consistency therewith of the proposed conditional use and any potential nuisances.
(Ord. 1973-44. Passed 12-18-73.)
(4) A public hearing shall be ordered and held by the Board. Notice thereof shall be given not less than twenty-five days prior to the date of public hearing by publishing notice in a newspaper of general circulation in the Municipality.
Notice shall also be given within twenty days to the parties having proprietary interest in the land located within 200 feet of the property in question by such other means as the granting authority deems appropriate. Failure of any person, other than the applicant, to receive notice of any hearing or public hearing, in no way shall affect the validity of action taken. (Ord. 1973-44. Passed 12-18-73; Ord. 1977-36. Passed 12-6-77.)
(5) Any existing lawful use which is considered as a conditionally permitted use by this Ordinance, which is located in a zoning district in which such use is conditionally permitted, shall be considered as a conforming use. Any expansion of such a conditionally permitted use involving the enlargement of buildings, structure and/or land area devoted to such conditional use, shall be subject to the procedures outlined in this section.
(6) In any case where an approved conditional use permit has not been used within six months of the date on which it was granted, the permit shall expire unless an extension of the above time period has been authorized by the Board.
(Ord. 1973-44. Passed 12-18-73.)
(d) Contents of Application. Applications for adjustments or conditional use permit requests shall include at least the following information:
(1) Name, address and telephone number of applicant;
(2) Location of the property, lot number of the tract and the present zoning district;
(3) Plat layout drawn to scale, showing the actual shape and dimension of the lot or parcel and all lots and parcels within 200 feet thereof which shall be attached to each application;
(4) A list of all property owners within 200 feet, contiguous to and directly across the street from this parcel to be granted the adjustment or conditional use permit and others that may have a substantial interest in the case;
(5) Specific reason justifying the application for adjustments or conditional use permit; (Ord. 1992-35. Passed 9-1-92.)
(6) A non-refundable fee of three hundred dollars ($300.00) payable to the City to cover administrative costs of the adjustment or conditional use permit. (Ord. 2020-3. Passed 2-5-20.)