CHAPTER 1105
Administration
1105.01   Zoning Inspector.
1105.02   Duties of the Zoning Inspector.
1105.03   Planning and Zoning Commission powers.
1105.04   Creation of the Board of Zoning and Building Appeals.
1105.05   Composition, term, organization and meetings.
1105.06   Quorum.
1105.07   Proceedings.
1105.08   Powers and duties of the Board.
1105.09   Appeal on decision of the Board.
1105.10   Procedure and requirements for appeals and variances.
1105.11   Appeals.
1105.12   Variances.
1105.13   Supplementary conditions and safeguards.
1105.14   Public hearing by the Board of Zoning and Building Appeals.
1105.15   Notice of public hearing.
1105.16   Notice to parties of interest.
1105.17   Hearing continuation.
1105.18   Action by the Board of Zoning and Building Appeals.
CROSS REFERENCES
      Powers and duties of Commission - see CHTR. 14.03
      Powers and duties of Board of Zoning and Building Appeals -
         see CHTR. Art. 15
      Violations of zoning ordinances - see Ohio R.C. 713.13
      Conditional zoning certificate - see P. & Z. Ch. 1153
      Certificates of nonconforming use - see P. & Z. Ch. 1157.02(h)
      Sign regulations - see P. & Z. Ch. 1159
      Building permit and fees - see BLDG. Ch. 1305
   1105.01 ZONING INSPECTOR.
   The Building Inspector of the City shall be the Zoning Inspector for the purpose of effecting proper enforcement of this Zoning Ordinance, under the supervision of the Service Director. Council may, at their discretion, separate the two positions.
(Ord. 1989-51. Passed 8-28-89.)
   1105.02 DUTIES OF THE ZONING INSPECTOR.
   The Zoning Inspector shall have the following duties:
   (a)    Issue zoning and occupancy certificates in conformance with the provisions of this Zoning Ordinance;
   (b)    Issue written notices to persons responsible for violations of this Zoning Ordinance identifying the violation and demanding corrections. The notice shall also be given to the property owner when the violator is someone other than the property owner.
   (c)   Order discontinuance of illegal uses of land, buildings or structures;
   (d)    Order removal of illegal buildings or structures or illegal additions or structural alterations, or illegal uses;
   (e)    Take any other action authorized by this Zoning Ordinance to ensure compliance with or to prevent violations of this Zoning Ordinance as permitted by law.
      (Ord. 1989-51. Passed 8-28-89.)
   1105.03 PLANNING AND ZONING COMMISSION POWERS.
   The Planning and Zoning Commission shall have such powers and duties as are conferred upon it by the laws of Ohio, the power to administer Titles One, Three, Five and Seven of this Ordinance, those powers enacted by resolution or ordinance of Council and the Streetsboro City Charter.
(Ord. 1989-51. Passed 8-28-89.)
   1105.04  CREATION OF THE BOARD OF ZONING AND BUILDING APPEALS.
   There shall be a Board of Zoning and Building Appeals which shall have the powers and duties prescribed by the Streetsboro City Charter and by this Zoning Ordinance.
(Ord. 1989-51. Passed 8-28-89.)
   1105.05  COMPOSITION, TERM, ORGANIZATION AND MEETINGS.
   The composition, terms of members, organization and meetings shall be in accordance with the Charter of the City of Streetsboro.
(Ord. 1989-51. Passed 8-28-89.)
   1105.06  QUORUM.
   Four members of the Board shall constitute a quorum for the conducting of business.
(Ord. 1989-51. Passed 8-28-89.)
   1105.07  PROCEEDINGS.
   (a)    The Board shall adopt rules necessary to the conduct of its affairs.
   (b)    The Board shall act by resolution or motion and shall keep minutes of its proceedings. The minutes shall:
      (1)    Show the vote on each question;
      (2)    Show how each member voted on each question.
      (3)    Show abstentions or failures to vote whenever they occur.
      (4)    Reasons supporting the Board's vote.
   (c)    The concurring vote of three Board members is necessary to pass any resolution or motion before the Board.
   (d)    The Chairman or acting Chairman of the Board shall issue oaths and compel by issuance of subpoena the attendance of witnesses in all matters coming within the purview of the Board, and take testimony of any and all persons coming before it.
(Ord. 1989-51. Passed 8-28-89.)
   1105.08  POWERS AND DUTIES OF THE BOARD.
   The powers and duties of the Board shall be:
   (a)   To hear appeals on decisions made by the Zoning or Building Inspector on matters relating to this Zoning Ordinance where it is alleged there is an error in any order, requirement, decision or interpretation made by the Zoning or Building Inspector.  The Board may decide appeals by reversing or affirming wholly or in part, or by modifying such order, request, decision or interpretation in accordance with the purpose and intent of this Zoning Ordinance.
   (b)   To hear and decide upon application for variance from the terms of this Zoning Ordinance as will not be contrary to the public interest, owing to exceptional circumstances, the literal enforcement of the provisions of this Zoning Ordinance will result in unnecessary hardship, so that the spirit and purpose of this Zoning Ordinance shall be observed and justice done.
      (Ord. 1989-51.  Passed 8-28-89.)
   1105.09  APPEAL ON DECISION OF THE BOARD.
   Any person, including City officials, may appeal a Board decision to the Portage Court of Common Pleas.  The appeal must be made within ten days of the Board’s decision.
(Ord. 1989-51.  Passed 8-28-89.)
   1105.10  PROCEDURE AND REQUIREMENTS FOR APPEALS AND VARIANCES.
   Appeals and variances shall conform to the procedures and requirements of Sections 1105.11 through 1105.18.
(Ord. 1989-51.  Passed 8-28-89.)
   1105.11  APPEALS.
   Appeals to the Board concerning interpretation or administration of this Zoning Ordinance may be made by any person who disagrees with the formal action taken by the Zoning or Building Inspector provided:
   (a)   Standing to Appeal.  Any formal act of interpretation or administration taken by the Zoning Inspector may be appealed by the applicant, any public official or any City employee at a level of department head or higher.  A concerned citizen or property owner does not have standing to appeal unless he or she can demonstrate he or she is adversely and directly affected by the decision in a manner different from the affect generally felt by the public at large.
      (Ord. 1989-51.  Passed 8-28-98.)
   (b)   Application Procedure.
      (1)   Applications for appeals shall be filed with the Zoning Inspector within twenty business days of the Board’s actions.
         (Ord. 1998-141.  Passed 10-26-98.)
      (2)   An application must be complete in order to be accepted and processed. In order to be complete, an application must contain all of the following:
         A.   The provision which was the subject of the Zoning Inspector’s decision.
         B.   The decision or part of the decision that is being appealed.
         C.   A clear and concise statement of the decision appellant wants the Board to make.
         D.   Reasons when the Zoning Inspector’s action was inappropriate.
         E.   Reasons indicating why the relief requested by the appellant in C. above is appropriate.
         F.   Appropriate fee pursuant to Section 1107.08 of this Zoning Ordinance.
      (3)    The Zoning Inspector shall forward a complete application to the Clerk of  the Board along with the file of the matter being appealed. The file shall contain all papers constituting the record upon which the Zoning Inspector made his or her decision.
         (Ord. 1989-51. Passed 8-28-89.)
   1105.12  VARIANCES.
   The Board may authorize, upon appeal in specific cases, variances as per Section 1105.08(b) from the strict terms of this Zoning Ordinance.
   A variance may be granted when the Board finds upon the evidence submitted that:
   (a)    Authorization. The Board of Zoning and Building Appeals may approve area variances only. It does not have authorization to approve use variances.
   (b)    Standing. Only a property owner or his/her duly authorized representative may file an application for a variance. If more than one person owns a property, all owners must sign the application. When even more than one person owns a property they may authorize one representative to file and process an application on their behalf. (Ord. 1989-51. Passed 8-28-89.)
   (c)    Application Procedure.
      (1)    Variance applications must be submitted to the Zoning Inspector at least twenty days prior to the Board meeting.
         (Ord. 1998-141. Passed 10-26-98.)
      (2)    Variance applications must be complete before they will be accepted and processed.
      (3)    In order to be complete an application must contain all of the following:
         A.    A completed application form provided by the Zoning Inspector.
         B.    The application must be signed by all owners of the property.
         C.    In addition to B. above, the name, address, phone number and signature of the person authorized by the owner(s) to be the representative.
         D.    The address of the property for which a variance is being sought.
         E.    An informal site plan drawn to scale showing property lines and the location of all buildings or structures, permitted, conditionally permitted or accessory uses, driveways, streets, utilities, easements, etc. on the property.
         F.    A statement indicating why the variance is necessary.
         G.    A statement indicating conditions which are peculiar to the subject property and are not characteristic of nearby properties in the same zoning district thereby creating practical difficulty.
         H.    The exact nature of the variance being requested.
         I.    A statement demonstrating the variance requested is the minimum necessary to alleviate the difficulty and will not be detrimental to the public health, safety and welfare.
      (4)    Factors to be considered by the Board:
         A.    There are conditions peculiar to the subject property which are not characteristic of other nearby properties in the same zoning district.
         B.    The peculiar conditions are not the result of actions of the applicant.
         C.    The peculiar conditions would be encountered by any person who might own the property.
         D.    The variance has not been requested solely to increase property value or provide some other financial benefit.
         E.    A literal application of the provisions of this Zoning Ordinance would deprive the applicant of right commonly enjoyed by other properties within the same zoning district.
         F.    Granting the variance will not permit a use not allowed in the zoning district.
         G.    Granting the variance will not be detrimental to the public health, safety and welfare of contiguous properties or the community as a whole.
         H.    The variance is the minimum necessary to alleviate the difficulty.
            (Ord. 1989-51. Passed 8-28-89.)
   1105.13  SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
   In granting an appeal or variance, the Board may require conditions and safeguards, including financial guarantees, to promote land use compatibility and the health, safety and welfare of the area. Violations of such conditions and safeguards shall be deemed a violation of this Zoning Ordinance and punishable under Section 1107.11.
(Ord. 1989-51. Passed 8-28-89.)
   1105.14 PUBLIC HEARING BY THE BOARD OF ZONING AND BUILDING  APPEALS.
   The Board shall hold a public hearing within thirty days after receipt of an application for an appeal or variance.
(Ord. 1989-51. Passed 8-28-89.)
   1105.15  NOTICE OF PUBLIC HEARING.
   Before holding the public hearing, notice of such hearing shall be given in a newspaper of general circulation in the City at least ten calendar days before the date of such hearing. The notice shall set forth the time, place and nature of the proposed appeal or variance.
(Ord. 1989-51. Passed 8-28-89.)
   1105.16  NOTICE TO PARTIES OF INTEREST.
   (a)    Written notice of the public hearing shall be sent by certified mail by the Board at least ten calendar days prior to the hearing to the applicant, owners of property within, or contiguous to and directly across the street from any part of the property and all property owners within 250 feet from the parcel(s) which is subject to the appeal or variance.
(Ord. 1993-01. Passed 1-25-93.)
   (b)   The notice shall contain information required of the newspaper notice.
   (c)    Notices shall be sent to addresses of property owners appearing on the current tax duplicate of the County.
   (d)    Failure of delivery of such notice shall not invalidate the action of the Board.
   (e)    Other interested parties such as the Mayor, Planning Commission and Council shall also be notified of the hearing.
(Ord. 1989-51. Passed 8-28-89.)
   1105.17 HEARING CONTINUATION.
   The Board members may recess such public hearing as necessary to gather additional information or evidence needed to make a decision and if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required. 
(Ord. 1989-51.  Passed 8-28-89.)
   1105.18  ACTION BY THE BOARD OF ZONING AND BUILDING APPEALS.
   After the public hearing, the Board may approve, approve with modifications and/or supplemental conditions, disapprove or continue the hearing as provided by Section 1105.17.  A certified copy of the decision shall be transmitted to the applicant, the Zoning Inspector, Mayor, Council and Planning and Zoning Commission.  Such decision shall be binding upon the Zoning Inspector and he shall incorporate the terms and conditions of the decision, in any permit or certificate to the applicant whenever a permit is authorized by the Board.  Once the Board has authorized issuance of a zoning certificate, the Zoning Inspector shall issue the zoning certificate within ten days of such authorization.  (Ord. 1998-141.  Passed 10-26-98.)
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