Loading...
A Board of Zoning Appeals has been created in accordance with ORC 713.11(A). The Board of Zoning Appeals shall elect its own officers annually three (3) members of the Board of Zoning Appeals shall constitute a quorum for the conducting of business. It shall require a majority of votes to pass a motion or take official action.
(Ord. 13-12. Passed 8-9-12.)
In exercising its duties the Board may, as long as such action is in conformity with the terms of this Zoning Ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. The majority of votes of the sitting Board shall be necessary to reverse any order, requirements, decision or determination of the Zoning Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this Zoning Ordinance or to affect any variation in the application of this Zoning Ordinance. For the purpose of this Zoning Ordinance the Board has the following specific responsibilities:
(a) Administrative review;
(b) Determination of similar uses;
(c) Determination of district boundary location;
(d) Granting conditional use permits;
(e) Authorizing variances.
(Ord. 13-12. Passed 8-9-12.)
The Board shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Ordinance. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The Chairman, or in his absence the acting chairman, may compel the attendance of witnesses. Oral testimony given as evidence must be given under oath. Oaths will be administered by a notary public. All meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each appeal considered by the Board, and the section of this Zoning Ordinance where applicable which the Board has considered in approving or disapproving any petition or other matter brought before the Board, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Board. The official copy of the minutes of all proceedings will be signed by the Board Chairman and Secretary.
(Ord. 13-12. Passed 8-9-12.)
The Board of Zoning Appeals shall fix a reasonable time not to exceed 30 days from receipt of application, petition or appeal, for the hearing. Application, petition or appeal shall be filed with the Zoning Inspector at least five days prior to the next regularly scheduled meeting. The Board shall give at least ten (10) days notice of the time and place of such hearing, to the Zoning Inspector, and to the owners of record of property within three hundred (300) feet of the premises in question, such notice to be delivered personally or by mail addressed to the respective owners at the address given on the last assessment roll. Any party may appear at such hearing in person, by agent or by attorney. Before holding the public hearing, notice of such hearing shall be posted in full in not less than five (5) of the most public places in the Municipality as determined by Council at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed hearing.
(Ord. 13-12. Passed 8-9-12.)
Within thirty (30) days after a public hearing, the Board of Zoning Appeals shall either approve, approve with supplementary conditions or disapprove the request or application before the Board. If an application for conditional use is approved or approved with modifications, the Board shall direct the Zoning Inspector to issue the conditional use permit listing the specific conditions specified by the Board for approval. Appeals from Board decisions shall be made in the manner specified in Section 1173.11 of this Zoning Ordinance.
(Ord. 13-12. Passed 8-9-12.)
It is the intent of this Zoning Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Board only on appeal from the decision of the Zoning Inspector, and that recourse from the decisions of the Board shall be to the courts as provided by law. It is further the intent of this Zoning Ordinance that the duties of the City Council in connection with this Zoning Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Zoning Ordinance. Under this Zoning Ordinance the City Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this Zoning Ordinance as provided by law, and of establishing a schedule of fees and charges as stated in Ordinance No.17-12-1. Nothing in this Zoning Ordinance shall be interpreted to prevent any official of the City from appealing a decision of the Board to the courts as provided in Chapters 2505 and 2506 of the Ohio Revised Code. Any such appeal shall be made within ten (10) days of the Board's written decision. (Ord. 13-12. Passed 8-9-12.)
(Ord. 13-12. Passed 8-9-12.)
Loading...