Ada City Zoning Code
CHAPTER 1179
Board of Zoning and Building Appeals
1179.01 APPOINTMENT.
There is hereby established a Board of Zoning and Building Appeals. The Board shall consist of three electors of Ada who hold no other public office or public employment, for terms of three years with overlapping terms. They shall serve without compensation. Vacancies shall be filled in the same manner for the unexpired terms. Members of the Board may serve two consecutive terms as a maximum. An unexpired term shall count as a full term if it is two years or longer. After a year shall have passed from date of last service, any Board member is re-eligible for appointment for one or two terms. Service of Board members shall terminate one each January unless, in the discretion of the Mayor, pending hearings require the temporary continuation of the Board member whose term is to expire, but only until that business shall be completed. All appointments of board members are by the Mayor with the conformation of Council. Removal of members for cause upon written charges and after public hearings shall be in the jurisdiction of Village Council.
(Ord. 1986-06. Passed 5-27-86.)
1179.02 PROCEDURE.
The Board shall adopt its own rules and elect its officers annually, a Chairman, Vice- Chairman and Secretary from its membership. All meetings of the Board shall be open to the public. The Secretary shall keep minutes of the proceedings, indicating the vote of each member on each question, or if absent of failing to vote, so note. Also, the Secretary shall keep records of the Boards examinations and other official actions, all of which are to be immediately files in the office of the Village Clerk and become public record. Finally, the Secretary shall conduct all official correspondence and supervise the clerical work of the Board. Normally, notices of hearing and decisions of the Board shall be communicated directly to property owners affected and through newspapers and bulletin boards to the people of the Village.
(Ord. 1986-06. Passed 5-27-86.)
1179.03 QUORUM.
There shall be a first, second and third alternate named by the Mayor and also confirmed by Council. Once the chairman has decided on a date acceptable to adjacent property owners and tenants, as well as the general public, the Village Clerk shall call the Chairman, Vice-Chairman and the Secretary about their attendance. Should one or more of them be unable to attend \, an alternate shall be contacted to constitute a full Board of three. Normally, two of the three must approve Board decisions. Should only two Board members of alternates actually attend, the applicant had the option of re-scheduling the hearing or seeking a unanimous decision from the two present. The applicant must agree to the two members Board in advance of the hearing and thereby be bound by their decision for or against his cause and if they fail to agree, the applicant shall be denied the permit.
(Ord. 1986-06. Passed 5-27-86.)
1179.04 ASSISTANCE.
The Chairman of the Board may call upon the employees of the Village of Ada for assistance in performance of the duties of the Board.
(Ord. 1986-06. Passed 5-27-86.)
1179.05 APPEALS, HEARINGS AND STAY OF PROCEEDINGS.
The following shall apply for Applications, Appeals and Hearings.
(a) Applications – When and By Whom Taken. The Board shall have power to hear and decide applications for exceptions to and variances in, the application of resolutions, ordinances, regulations and orders of administrative officials or agencies governing zoning and building in the Village, as may be required to afford justice and avoid unreasonable hardship, subject to such reasonable standards and procedures as shall be prescribed by ordinance.
(b) Appeals – When and By Whom Taken. An appeal to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the Village affected by any decision of the Village Planning Commission or Zoning Inspector. Such appeal shall be taken within twenty (20) days after the decision, by filing with the Board a notice of appeal specifying the grounds thereof. The Village Planning Commission of Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(c) Contents of Notice of Appeal or Application. No notice of appeals or application may be filed with the Board which does not contain drawings and written descriptions of the project sufficient to inform the Board and the adjacent property owners and tenants, as well as the people of the Village, of the total scope of the project, along with the names and addresses of the property owners and tenants within two hundred (200) feet of the property in question. In communicating to neighbors and to the newspapers, care shall be taken by the Board Chairman that the applicant’s project is fairly described to the mutual satisfaction of applicant and Board before a hearing date shall be selected.
(d) Hearings. The Board shall fix a reasonable time for the hearing of the application of appeal and shall give written notice of said hearing to the parties in interest including all property owners within two hundred (200) feet of the property in question.
(1) Each application or appeal shall be accompanied by a check, payable to the Village of Ada, or a cash payment, for one hundred twenty-five dollars ($125.00) which is non-refundable. In the event administrative costs (such as publishing and/or posting and mailing the notice of the hearing or hearings) exceed one hundred twenty-five dollars ($125.00), the applicant will be billed for the balance.
(2) Such sums so deposited shall be transferred by the Clerk of the Board to the Fiscal Officer of the Village and credited to the General Fund thereof.
(3) At the hearing, any party may appear in person or be presented by an agent or attorney. Normally, the applicant or appellant shall present his position first at the hearing. Others who choose to speak shall identify themselves and their support or opposition in advance so that equal time can be afforded both views.
(Ord. 2009-02. Passed 2-17-09.)
1179.06 APPEAL FROM DECISIONS OF THE BOARD.
Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals, or any officer, department, board or bureau of the Village may present to the Court of Common Pleas of the County in which the property is located a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds for the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board of Appeals. Any such case shall be heard and determined by the Court without a jury.
(Ord. 1986-06. Passed 5-27-86.)
1179.07 DECISIONS OF THE BOARD.
The Board shall decide all appeals within thirty (30) days after the date of the required hearing thereon.
(a) A signed copy of the Board’s decision shall be transmitted to the applicant or appellant, and to the Zoning Inspector. Such decision shall be binding upon the Inspector and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant whenever the Board authorizes a permit.
(b) A decision of the Board shall not become final until the expiration of five (5) days from the date such decision is made, unless the Board shall find the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.
(Ord. 1986-06. Passed 5-27-86.)
1179.08 STAY OF PROCEEDINGS.
An appeal shall stay all proceedings in furtherance of the action appealed from unless the Mayor certifies to the Board after notice of appeal shall have been filed with him, that by reason of acts stated in the certificate, a stay would, in his opinion, cause immediate peril to life or property.
(Ord. 1986-06. Passed 5-27-86.)
1179.09 POWERS OF THE BOARD OF ZONING AND BUILDING APPEALS.
The Board of Zoning and Building Appeals shall have jurisdiction of the following:
(a) Conditional Uses, Special Exceptions and Interpretation of Zoning Map: The Board shall have the power to hear and decide, in accordance with the provisions of this ordinance, applications files as hereinbefore provided, for conditional uses, special exceptions or for interpretation of the Zoning Map or for decisions upon other special questions upon which the Board is authorized to pass by this ordinance. In considering an application for a conditional use, a special exception or interpretation of the Zoning Map, the Board shall give due regard to the nature and condition off all adjacent uses and structures; and in authorizing a conditional use or special exception, the Board may impose such requirements and conditions with respect to location, construction, maintenance and operation – in addition to those expressly stipulated in this ordinance for the particular use or special exception as the Board may deem necessary for the protection of adjacent properties and the public interest. However, except as otherwise allowed by other chapters of this Zoning Ordinance, the Board shall have no power to authorize a special exception to any dimensional requirement (area, width, length, feet, square feet, square yards, etc.) which would decrease such stated requirement more than forty percent (40%). (Ord. 2000-28. Passed 11-20-00.)
(b) Nonconforming Uses; Substitutions. If no structural alternations are made, any nonconforming use of a structure or structures and premises, may as a conditional use be changed to another nonconforming use provided that the Board of Zoning and Building Appeals shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Zoning and Building Appeals may require appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Zoning and Building Appeals may require appropriate conditions and safeguards in accordance with other provisions of this Zoning Ordinance.
(c) Temporary Structures and Uses. The Board may authorize the temporary use of a structure or premise in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this ordinance for the District in which it is located, provided that such use be of a temporary nature and does not involve the erection of a substantial structure. A Zoning Certificate for such use shall be granted in the form of a temporary and revocable permit, for not more than twelve (12) month period subject to such conditions as will safeguard the public health, safety and general welfare.
(d) Interpretation of Zoning Ordinance and Map. Where the street or lot layout actually on the ground or as recorded differs from the street and lot lines as shown on the Zoning Map, the Board, after public hearing shall interpret the map in such a way as to carry out the intent and purpose of this ordinance. In case of any question as to the location of any boundary line between zoning districts or where there is uncertainty as to the meaning and intent of a textual provision of the ordinance, a request for interpretation of the Zoning Map or the textual provision in question may be made to the Board and a determination shall be made by said Board.
(e) Presumptions. The presumption is that any property owner should be permitted the fullest enjoyment of his property and to make any improvements thereon which do not additionally adversely affect neighbors or the neighborhood, or the public interest.
(f) Changes in Districting. Such presumption does not extend to changes in the property which appear to be, or to resemble changes to a different class or district (i.e., R-1 to R-II, C-I to C-II, etc.) for that property alone. This is particularly to be avoided in cases where this is found to be the first such property in the neighborhood to seek a shift in classification or to request the first major change in the character of the neighborhood.
(1) No grant of a variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property or the intended use of said property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations.
(2) In such circumstances, the Board may request the views of the Planning Commission, Zoning Inspector or the Village Council, expressed in whatever way they may choose, and may read these views as part of the hearing process.
(g) Central Village Plat: In variance proceedings where substantially the same structure will result from a tearing down and sensible rebuilding, with some modest enlargements which technically violates the strict wording of the Village Ordinance, the Board would do so well to keep in mind the age of the lot plan of the central part of the Village and the fact that most residents are now in technical violation if they were to seek to rebuild their present dwellings on the same foundation dimensions and lot lines.
(h) Unusual Conditions. The Board shall have the power to authorize upon appeal in specific cases, filed as hereinbefore provided, such variances from the terms, provisions or requirements of this ordinance as will not be contrary to the public interest; provided, however, cases where, owing to special and unusual conditions pertaining to a specific piece of property the literal enforcement of the provisions or requirements of this ordinance would involve practical difficulty or undue hardship, they act so that the spirit of the Zoning Ordinance shall be upheld, public safety and welfare secured and substantial justice done.
(i) Exceptional Circumstances. Whereby reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this Zoning Ordinance or by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this Zoning Ordinance would involve practical difficulty or would cause unnecessary hardship – necessary to carry out the spirit and purpose of this Zoning Ordinance - the Board shall have the power to authorize a variance from the terms of this ordinance so as to relieve such hardship. In authorizing a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purposes of the Zoning Ordinance and in the public interest, the Board shall require such evidence and guarantee or bond as it may deem to be necessary to enforce compliance with the conditions attached.
(j) Performance Violations: If the Zoning Inspector has grounds to believe that permits which may be issued may result in violations of performance standards outlined in Chapter 1165
, or in any other chapters of the Zoning Ordinance, he is entitled to seek the advice of the Board before granting any permit. The Board, by majority vote of its members or alternates in their place, is empowered to hear witnesses concerning the proposal which is questioned and to seek expert advice at the expense of the proponent, as agreed in advance, and paid for by him, or such permit shall not be issued, until the Board is satisfied no danger to the public exists.
(k) Continued Supervision: If such permit is issued, continued supervision is expected by the Village Officials, and violation of this terms will result in action recommended by the Board and enacted by the Mayor and Council to enjoin further operations as a threat to life, property, health, safety, and public environmental welfare. In accepting permits. The applicants expressly waive any defenses against such injunctions for non-performance brought in the public interest: subject only to an appeal to Common Pleas Court while their operation is enjoined by such previously agreed upon procedure.
(Ord. 1986-06. Passed 5-27-86.)