(A) Purpose. In order that the objectives of this Code may be more fully and equitably achieved, that there shall be provided a means of competent interpretation of this Code, that adequate but controlled flexibility be provided in the application of this chapter, that the health, safety, and welfare of the public be secured, and that justice be done, there is hereby established a Board of Zoning Appeals.
(B) Organization and membership.
(1) The Board of Zoning Appeals shall consist of five electors of the city who shall serve overlapping three-year terms appointed by City Council. Council shall make all reasonable efforts to appoint at least one member of the Board of Zoning Appeals with qualifying experience and/or training pertaining to residential construction, such as persons trained in mechanical/structural engineering, building, architecture and the like.
(2) The Board shall organize and adopt rules for its operation as approved by City Council.
(3) Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board determines. All meetings of the Board of Zoning Appeals shall be open to the public. The proceedings, showing the vote of each member upon each question 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 immediately filed in the office of Council and be a public record.
(C) Powers and duties. The Board of Zoning Appeals shall carry out the following powers and duties as provided in this section:
(1) Administrative appeals from any person or any governmental department affected or aggrieved, or to review any order, requirement, decision or determination where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant or refusal made by an administrative official or body charged with the enforcement and administration of this Code.
(2) Special permit. To authorize only special permits as provided under this Code.
(3) Variances. Where there are practical difficulties (non-use variances) or unnecessary hardships (use variances) preventing a property owner from conforming with the strict requirements of this Code, the Board of Zoning Appeals shall have the power to authorize variances from the requirements of this Code.
(4) Building construction appeals for the Dublin Division of Building Standards.
(5) Stream Corridor Protection Zone Appeals for the Dublin Engineering Division.
(6) Decisions related to nonconformities, as provided in § 153.004(C).
(7) The Board may also make advisory recommendations to Council and the Planning and Zoning Commission concerning zoning matters.
(8) The Board shall exercise any other powers, duties, and functions as provided by Council.
(D) Applications and hearings.
(1) Applications. A complete application to the Board of Zoning Appeals shall be submitted to Land Use and Long Range Planning. To be considered complete the application shall consist of submission of a fee as established by City Council, a completed application on a form provided by the city, and dimensioned site plans drawn to an appropriate scale, clearly showing the following items, unless waived by the Director of Land Use and Long Range Planning:
(a) Legal description of the property;
(b) The boundaries and dimensions of the lot;
(c) The size and location of existing and proposed structures, accessways, walks, off-street parking and loading spaces and landscaping;
(d) The proposed use of all parts of the lot and structures;
(e) The use of land and location of structures within 100 feet on adjacent property;
(f) For non-use variances, the area subject to the application shall be clearly marked; and
(g) Any other information that the Board of Zoning Appeals deems necessary to make a decision on the application.
(2) Hearings. Upon receipt of a complete application the city shall cause notices stating the time, place and subject of the hearing to be served personally or by mail addressed to the parties submitting the application, and to those persons residing within 150 feet of the property which is the subject of the application. All notices shall be sent to the addresses listed in the last assessment roll. Notices shall be sent at least 10 days prior to the date of the scheduled hearing.
(3) The Chair may administer oaths, and the Board of Zoning Appeals may compel the attendance of witnesses. Applications without representation during the hearing either in person or by agent shall be tabled without further action. Failure to appear for more than two meetings shall be considered a request for the application to be withdrawn. A new application shall then be required for any further consideration.
(E) Decisions.
(1) Actions of the Board of Zoning Appeals. During or within a reasonable time following a public hearing, the Board of Zoning Appeals shall approve, approve with modifications, or disapprove an application.
(2) Conditions.
(a) In making any decision provided for in this section, the Board may attach any conditions regarding the location, character and other features of the application as it may deem reasonable to ensure that applicable standards of review for the decision are met.
(b) Conditions attached may include, but not be restricted to, limitations on the extent or intensity of development, screening, lighting, control of access or other conditions of development as may be required. Conditions attached shall be stated in the motion for approval, including the reasons for each condition imposed.
(3) Any decision of the Board shall not become a final appealable order until minutes of the meeting at which final action on the request was taken are officially approved and adopted by the Board of Zoning Appeals, unless the Board shall find the immediate effect is necessary for the preservation of rights or that public safety be maintained and shall so certify on the record.
(4) The decision of the Board of Zoning Appeals shall be final; however, any person having an interest affected by any such decision shall have the right of appeal to a court of competent jurisdiction on questions of law and fact, provided that the appeal is filed within 30 day of the final administrative order, as stipulated by the State of Ohio.
(5) No application for action by the Board which has been disapproved shall be resubmitted for a period of one year from the date of disapproval, except as may be permitted by the Director of Land Use and Long Range Planning upon submission of new and significant facts or conditions which might result in favorable action upon resubmittal.
(6) Each decision entered under the provisions of this Code shall become null and void unless the construction or other action authorized by such decision has been started within one year after the decision was made and is being carried forward to completion or occupancy of land, premises, or buildings.
(7) The Board may grant a single six-month extension of the approval, provided the applicant requests the extension prior to the date of the expiration of the approval. The extension shall be approved if the applicant presents reasonable evidence to the effect that the development has encountered unforeseen difficulties beyond the control of the applicant, and the project will proceed within the extension period.
(8) The breach of any condition or requirement shall be considered a violation of the Board's action. The Board, after notice to the property owner and a public hearing held in the same manner as the original approval, shall have the authority to revoke, modify, or attach additional conditions to any approval granted if the applicant fails to comply with any of the applicable requirements in this Code or any condition attached to the approval.
(F) Administrative appeal to the Board of Zoning Appeals.
(1) An appeal may be taken from any person or any governmental department affected or aggrieved, and review any order, requirement, decision or determination where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant or refusal made by an administrative official or body charged with the enforcement and administration of this Code.
(2) Appeals shall be taken within 20 days after the decision by filing with the officer from whom the appeal is taken and with the Board of Zoning Appeals, a notice of appeal, specifying the grounds. The officer from whom the appeal is taken shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action was taken.
(3) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Director of Land Use and Long Range Planning certifies to the Board, after notice of appeal has been filed, that, due to the facts stated in the certificate, a stay would cause imminent peril to life or property. In this case, the proceedings shall not be stayed other than by a restraining order, which may be granted by a court of record.
(4) In deciding the appeal, the Board shall determine whether or not the decision that was made was done so using the proper requirements and standards in this Code. The decision of the Board is limited to the information that was available to the administrative official or body who made the decision being appealed. Additional testimony is not appropriate.
(5) After a determination that the administrative official or body making the decision did so improperly, the Board may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from, and may make an order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the administrative official or body from whom the appeal was taken.
(G) Special permits.
(1) Nature of special permit. Due to unique characteristics relative to location, design, size, operation, traffic circulation or need for public services, several specific uses have been identified which require supplemental criteria and review to substantiate that the use is appropriate for the proposed location.
(3) Standard of review. In reviewing an application for a special permit, the Board of Zoning Appeals shall consider the following:
(a) Whether the proposed use meets the applicable requirements established by this Code;
(b) Whether the proposed use is compatible with the existing land use and the general development and character of the neighborhood; and
(c) Whether the use can be developed and maintained without substantially impairing the general purpose and intent of the zoning district in which the use is proposed to be located.
(4) Any applicant who is denied a special permit by the Board of Zoning Appeals may appeal the denial to the City Council.
(H) Variances.
(1) Nature of variance. On a particular property extraordinary circumstances may exist, making a strict enforcement of the applicable development requirements of this Code unreasonable, and therefore, the variance procedure is provided to allow the flexibility necessary to adapt to changed or unusual conditions that meet the standards of review for variances. In granting any variance, the Board of Zoning Appeals shall prescribe appropriate conditions and safeguards to maintain the intent and spirit of the zoning district in conformity with the Zoning Code.
(2) Non-use (area) variances. Upon application, the Board of Zoning Appeals shall only approve a request for a non-use variance only in cases where there is evidence of practical difficulty present on the property in the official record of the hearing and that the findings required in (a) and (b) below have been satisfied with respect to the following standards of review:
(a) That all of the following findings are made:
1. That special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable to other lands or structures in the same zoning district whereby the literal enforcement of the requirements of this chapter would involve practical difficulties. Special conditions or circumstances may include:
A. Exceptional narrowness, shallowness or shape of a specific property on the effective date of this chapter or amendment; or
B. By reason of exceptional topographic or environmental conditions or other extraordinary situation on the land, building or structure; or
C. By reason of the use or development of the property immediately adjoining the property in question.
2. That the variance is not necessitated because of any action or inaction of the applicant.
3. Granting the variance will not cause a substantial adverse effect to property or improvements in the vicinity or will not materially impair the intent and purposes of the requirement being varied or of this chapter.
(b) That at least two of the following findings are made:
1. That a literal interpretation of the provisions of the Zoning Code would not confer on the applicant any special privilege or deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter.
2. The variance request is not one where the specific conditions pertaining to the property are so general or recurrent in nature as to make the formulation of a general regulation for those conditions reasonably practicable.
3. The variance would not adversely affect the delivery of governmental services ( e.g., water, sewer, garbage).
4. The practical difficulty could be eliminated by some other method, even if the solution is less convenient or most costly to achieve.
(3) Use variances. Final approval of a use variance shall be granted by the City Council, following review of the findings of the Board of Zoning Appeals. Upon application, the Board of Zoning Appeals shall only recommend to the City Council approval of a request for a use variance only in cases where there is evidence of an unnecessary hardship imposed on the property in the official record of the hearing and a finding is made that all of the following standards of review are met:
(a) That there are unnecessary hardships in the way of carrying out the strict letter of these regulations which are caused by exceptional or extraordinary circumstances or conditions applying to the property involved, or to the intended use of the property, that do not generally apply to other property or uses in the vicinity in the same zoning district. Exceptional or extraordinary circumstances or conditions include:
1. Exceptional narrowness, shallowness or shape of a specific property on the effective date of this chapter;
2. Exceptional topographic conditions;
3. By reason of the use or development of the property immediately adjoining the property in question; or
4. Any other physical situation on the land, building or structure deemed by the Board of Appeals to be extraordinary.
(b) That the proposed use will not alter the essential character of or be detrimental to adjacent property and the surrounding neighborhood.
(c) That the building, structure, or land cannot reasonably be used for a use allowed in the zone district in which it is located.
(d) That the variance is not necessitated because of any action or inaction of the applicant.
(I) Building construction appeals for the Division of Building Standards.
(1) The Board shall hear all appeals not related to the Ohio Building Code or other statewide Code regulated by the Board of Building Standards; namely, one-, two- and three-family residential dwellings within the city limits, or as provided in Section 111.1 in the Property Maintenance Code of the City of Dublin.
(2) If the Director of Building Standards denies a contractor's application for registration, suspends or revokes a contractor's registration certificate, or denies renewal of a registration certificate, the contractor shall have the right to appeal to the Board of Zoning Appeals. The contractor shall submit a notice of appeal to the Board of Zoning Appeals within five days from the receipt of the order of the Director of Building Standards. The decision of the Board of Zoning Appeals shall be final.
(3) An appeal shall be heard in accordance with the provisions of this section.
(4) An application for appeal shall be based on a claim that the true intent of this Code or the rules legally adopted thereunder have been incorrectly interpreted, the provision of this Code do not fully apply, or an equally good or better form of construction is proposed. The Board shall have no authority to waive requirements of this Code.
(J) Stream Corridor Protection Zone Appeals for the Dublin Engineering Division.
(2) An appeal shall be heard in accordance with the provisions of this section.
(3) Should the decision of the City Engineer be reversed or modified, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards to maintain the intent and spirit of Chapter 53 of the Dublin Code of Ordinances.
('80 Code, §§ 1129.01, 1129.02) (Ord. 21-70, passed 7-13-70; Am. Ord. 101-90, passed 11-19-90; Am. Ord. 13-03, passed 2-3-03; Am. Ord. 48-05, passed 9-6-05; Am. Ord. 28-08, passed 5-19-08)
Cross-reference:
Charter provisions concerning the Board of Zoning Appeals, see Charter Section 7.04