Amherst Township City Zoning Code
CHAPTER 1125
Board of Zoning Appeals
1125.01 ESTABLISHMENT; MEMBERSHIP.
There is hereby created a Board of Zoning Appeals. The word "Board", when used herein, shall refer to such Board. The Board shall consist of five members, four of whom shall be citizen members appointed by the Mayor and one shall be a member of the City Planning Commission appointed by the Commission, such appointee shall be other than ex-officio member of the Commission. The member appointed by the Commission shall be appointed annually. The terms of office of the citizen members shall be for a period of four years respectively, except as otherwise provided herein, and appointments shall be made as follows: (1) One member shall be appointed immediately upon the passage of this section for a term which shall expire December 31, 1989. (2) Upon the next expiration date of the term of a member presently serving a member shall be appointed for a new term ending December 31, 1990; upon the next expiration of the term of a member presently serving, a member shall be appointed for a new term which shall expire on December 31, 1991; and upon the next expiration of a term of a member presently serving a member shall be appointed for a new term ending December 31, 1992. Thereafter, each appointment on the expiration dates above mentioned shall be for a term of four years. An appointment to fill a vacancy during an unexpired term shall be only for the balance of the unexpired term.
(Ord. 86-21. Passed 3-24-86.)
1125.02 ORGANIZATION; MEETINGS; HEARINGS AND DELIBERATIONS.
The Board shall elect its own President and Vice-President. The Secretary shall be an employee of the City. The Board shall adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Code. 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 notice to the owners of the property or properties shall interpret the Map in such a way as to carry out the intent and purpose of this Zoning Code.
All meetings and hearings of the Board shall be public. However, as a quasi-judicial body, deliberations of the Board on matters submitted to it for decision may be conducted in private and the members of the Board may vote in private on any case before the Board. The Board shall keep a record of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, such fact shall be recorded. The presence of three members shall constitute a quorum. The concurring vote of three members shall be necessary to pass upon any matter before the Board. The Secretary shall cause to be published in a newspaper of general circulation in the City a notice specifying public hearings to be held by the Board, including the address of the property involved, names of owners of record and proposed action. Such notice is to be published not less than ten days prior to the date of the hearing. The Board shall hold meetings and hearings at such time as the Board may determine or upon call of its President. (Ord. 10-41. Passed 9-13-10.)
1125.03 APPEALS.
Any decision of the Building Inspector made in the enforcement of this Zoning Code and any decision, notice or order of the Code Official under the Property Maintenance Code may be appealed to the Board of Zoning Appeals by any person adversely affected. An appeal may be perfected by the appellant filing with the Secretary of the Board a notice of his intention to appeal, accompanied by a nonrefundable fee of thirty-five dollars ($35.00) for residential, one hundred dollars ($100.00) for commercial and fifty dollars ($50.00) for a renewal of a variance to cover the cost of advertising the appeal and the mailing of notices. The final disposition of an appeal shall be in the form of a resolution either reversing, modifying or affirming the decision of the Building Inspector or Code Official. If a resolution fails to receive three votes in favor of the appellant, or in favor of a modification of the decision appealed from, the action shall be deemed equivalent to a denial and shall be formally entered upon the record. The Board shall be given a reasonable time in rendering a decision on an appeal. Such period shall not exceed fifteen days. With the consent of the appellant, such period may be extended until the next meeting of the Board.
(Ord. 0-18-34. Passed 10-8-18.)
1125.04 JURISDICTION.
The Board of Zoning Appeals may in specific cases, after public notice is given as required and subject to appropriate conditions and safeguards, determine and vary the application of the use, height and area regulations and the building line regulations herein established, in harmony with their general purpose and intent as follows and authorize the issuance of a permit for:
(a) Any public utility building in an R-1, R-2, R-3 and C-1 District where necessary for public convenience and welfare.
(b) The construction of a building beyond the building line to an extent necessary to secure an appropriate improvement of a lot or parcel of land that is of such restricted area or such topography that it cannot be improved without building beyond the building line.
(c) A group development within an R-1 or R-2 Residence District upon a plot of ground containing two or more acres, where the appropriate use of adjacent property is fully safeguarded and the plans have been approved by the City Planning Commission and the area requirements of an R-1 or R-2 District have been met.
(d) All cases elsewhere enumerated in this Zoning Code where approval of the Board is required after public notice and hearing.
(e) A building or use in an I-1 District where such building or use is expressly prohibited, provided such use is distinctly incidental and essential to the main use of the plant or grounds therein permitted. Such incidental use of a building or grounds shall not occupy more than ten percent (10%) of the lot and shall not be located within fifty feet of any street line or residential district.
(f) A private park for a church group or a gun club or a private swimming pool for an organized group of citizens may be permitted by the Board, subject to conditions.
(g) Conditions Requiring Variances. In all other cases where there is practical difficulty or unnecessary hardship in the way of carrying out the strict letter of the provisions of this Zoning Code, the Board of Zoning Appeals shall have the power, in a specific case, to vary or modify the application of any such provisions in harmony with the general purpose and intent of this Zoning Code so that public health, safety, morals and general welfare may be safeguarded and substantial justice done.
(h) Limitation of Variance Powers. Such variance shall be limited to specific cases where:
(1) The practical difficulty or unnecessary hardship inheres in and is peculiar to the premises sought to be built upon or used because of physical size, shape, or other characteristics of the premises or adjoining premises which differentiate it from other premises in the same district, and create a difficulty or hardship caused by a strict application of the provisions of this Zoning Code not generally shared by other land or buildings in the same district;
(2) Refusal of the variance appealed for will deprive the owner of substantial property rights; and
(3) Granting of the variance appealed for will not be contrary to the purpose and intent of the provisions of this Zoning Code.
(i) Data on Which Variance is Based. When appealing for a variance, the appellant shall state and substantiate his claim that the three conditions listed under subsection (h) hereof exist and the Board shall make a finding on each of the three conditions as they apply in each specific case as a prerequisite for the granting of the variance.
(j) Variance From Use Regulation. Upon the finding that criteria set forth in subsection (h) (1), (2) and (3) hereof are met, the Board may grant variances from the use regulations as follows:
(1) The Board may permit, in any use district, the extension of a building or use existing on the effective date of the use regulations of the area, into adjoining land in a more restricted district, where land was under the same ownership on the effective date, under such conditions as will safeguard the character of the more restricted district;
(2) Any use in any district that is not specifically prohibited and that is in general in keeping with and appropriate to the use as authorized in such district.
(Ord. 96-71. Passed 8-26-96.)
1125.05 VALIDITY OF PERMITS.
Permits approved by the Board of Zoning Appeals for an exception or variation from the regulations of this Zoning Code shall be void after six months from the date of appeal unless, in the case of new construction, work shall have been done above the foundation walls, and, in the case of occupancy of land or reconstruction or occupancy of buildings, the operation called for by the permit shall be under way by the end of six months.
(Ord. 65-82. Passed 12-27-65.)
1125.06 CONDITIONAL USES.
(a) The Board of Zoning Appeals may in specific cases authorize conditional uses for the land, buildings or other structures, if conditional uses are provided in this Zoning Code.
(b) A conditional use shall be permitted in a district only when specified as a conditional use in such district, and only if such use conforms to the following standards. Furthermore, the Board of Zoning Appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence that:
(1) The conditional use in the proposed location will be harmonious and in accordance with the purpose, intent and basic planning objectives of this Code and with the objectives for the district in which located.
(2) The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare.
(3) The conditional use will be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not essentially change the character of the same area.
(4) The conditional use will not be hazardous or disturbing to the existing and future use and enjoyment of property in the immediate vicinity for the uses permitted, nor substantially diminish or impair property values within the neighborhood.
(5) The establishment of the conditional use in the proposed location will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(6) Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.
(7) Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the surrounding public streets; and considering the proximity of access drives to street intersections relative to the anticipated volume of traffic.
(8) The establishment of the conditional use should not be detrimental to the economic welfare of the community by creating excessive additional requirements at public cost for public facilities such as police, fire and schools.
(9) There is minimal potential for future hardship on the conditional use that could result from the proposed use being surrounded by uses permitted by right that may be incompatible.
(10) The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
(c) When authorizing a conditional use as provided herein, the Board of Zoning Appeals may prescribe such additional conditions as are in its opinion necessary for the protection of adjacent properties and the public interest.
(Ord. 06-45. Passed 6-12-06.)
1125.07 SUBPOENAS.
(a) The Board shall have the power to subpoena witnesses and books, documents, records or other evidence at the request of any person who will appear at a hearing before the Board.
(b) The President of the Board, or in the President’s absence, the Vice President of the Board, shall sign any subpoena to be issued pursuant to subsection (a) hereof, and such subpoena shall be served and executed by any person authorized to serve subpoenas, and in the manner required, by Rule 45 of the Ohio Rules of Civil Procedure. The return of such subpoena shall be filed with the Secretary to the Board.
(c) Any person who refuses to obey a subpoena issued pursuant to subsection (a) hereof shall be guilty of contempt of the Board, a misdemeanor of the fourth degree. In any prosecution brought pursuant to this section, it shall be a defense that the testimony to be compelled or books, documents, records or other evidence to be produced is protected from release or disclosure by common law privilege or by any federal, state or local law.
(Ord. 10-40. Passed 9-13-10.)