Appeals, variances, exceptions and conditional uses shall conform to the procedures and requirements of this Zoning Ordinance. The Board of Zoning Appeals has appellate jurisdiction relative to appeals and variances as provided in Section 1107.06
(a) and (b). The Planning Commission shall have original jurisdiction on exceptions and conditional uses as provided in Section 1107.07
and 1107.08
.
(a) Application. All applications shall be in writing, shall be signed by the owner of the property involved or his duly authorized agent or attorney, shall specify the request and grounds thereof, and shall be filed in the office of the Commissioner of Building and Zoning Inspection.
(b) Appeals. An appeal for any action, refusal or ruling of the Zoning Inspector shall be filed within thirty (30) days after such action or refusal or the announcement of such ruling. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action or ruling appealed from was taken.
(c) Application For an Exception or Conditional Use. Every application for a conditional use or exception shall forthwith be referred to the Planning Commission and other appropriate City departments as they so determine, for their recommendation of approval, approval with supplementary conditions, or disapproval. Such recommendation shall be delivered to the Planning Commission in writing within forty-five (45) days after the receipt of such application by the Commission, or other City departments. Failure to disapprove the same within such period shall constitute an approval thereof.
(d) Public Hearing and Notice. The Board shall hold a hearing on each appeal after providing Written and On-Premise Notice and shall make its findings and determination in writing within forty-five (45) days from the date of filing of the appeal. In the case of an application for a Conditional Use or Exception, the Commission shall, after providing Written Notice and On-Premise Notice, hold a hearing and make its findings and determination in writing within forty-five (45) days after receipt of the recommendation of the City Departments or expiration of the time within which the City Departments shall act pursuant to subsection (c) hereof. A copy of such findings and determination shall be transmitted to the applicant within five (5) days thereafter.
(e) Record of Appeals, Variances, Exceptions and Conditional Uses. A public record of all appeals, variances, exceptions or conditional use applications and their disposition shall be kept on file in the office of the Zoning Inspector.
(f) Appeal of Board Decisions. If the application is disapproved by the Board, the applicant may seek relief through the Court of Common Pleas. Appeals from Board decisions shall be made within ten days of the Board's written decision.
(g) Schedule of Fees, Charges and Expenses. Council shall by ordinance establish a schedule of fees, charges, and expenses and a collection procedure for appeals, variances, conditional use permits, exceptions and other matters pertaining to the administration and enforcement of this Ordinance requiring investigations, inspections, legal advertising, postage and other expenses. The schedule of fees shall be posted in the office of the Zoning Inspector, and may be altered or amended by Council. Until all applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
(h) Supplementary Conditions and Safeguards. Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance; nor shall the Planning Commission grant an exception or conditional use to allow a use not permissible under the terms of this Ordinance in the district involved, or any use expressly prohibited by the terms of this Ordinance in such district.
In granting any appeal, variance, exception or conditional use, the Board of Zoning Appeals or Planning Commission, as applicable, may prescribe appropriate conditions and safeguards in conformity with this Ordinance and the Master Plan. The Board or Planning Commission may stipulate the manner in which the requested variance, exception, or conditional use shall be carried out, or may require other improvements and safeguards for the protection of the health, safety and welfare of owners and occupants of surrounding lots for the public. Specifically, the Board or Planning Commission in such cases may attach conditions dealing with:
(1) Paving, shrubbery, ornamental or screening fence or wall;
(2) Control or elimination of smoke, dust, radiation, vibration, gas, noise or odor;
(3) Hours of operations;
(4) Location of exits or show windows;
(5) Cleaning and painting;
(6) Elimination of nonconforming uses of land or nonconforming signs before the standard period given for their elimination has expired;
(7) Direction and intensity of outdoor illumination;
(8) Amount and location of off-street parking, loading and signs;
(9) A period of time after which the permitted variation or exception shall expire;
(10) Other conditions as may be appropriate.
If the application is approved or approved with modifications, the Zoning Inspector shall issue a permit listing the specific conditions specified by the Board or Planning Commission for approval.
Violations of such conditions and safeguards, when made a part of the terms under which the permit is granted, shall be deemed a violation of this Ordinance and punishable under Chapter 1105
. (Ord. 127-2014. Passed 11-24-14.)