Ashland City Zoning Code
TITLE FIVE
Zoning Administration
1131.01 DEFINITIONS; TENSES.
For the purpose of this Zoning Code, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.
(Ord. 24-66. Passed 4-5-66.)
1131.02 ACCESSORY BUILDINGS AND USES.
"Accessory building" means a subordinate building or a part of the main building, the use of which is incidental to that of the dominant use of the main building or land. An "accessory use" is one which is incidental to the main use of the premises.
(Ord. 24-66. Passed 4-5-66.)
1131.03 ALLEY.
"Alley" means a public or private thoroughfare which affords a secondary means of access to property abutting thereon.
(Ord. 24-66. Passed 4-5-66.)
1131.04 APARTMENT.
"Apartment" means a room or suite of rooms intended or designed for use as a residence by a single family.
(Ord. 24-66. Passed 4-5-66.)
1131.05 APARTMENT HOUSE.
"Apartment house" shall be the same as "multiple dwelling".
(Ord. 24-66. Passed 4-5-66.)
1131.06 BASEMENT.
"Basement" means a story having not more than one-half of its height above grade and used for storage, garages for use of occupants of the building, janitors or watchman quarters or other utilities common for the rest of the building. A basement used for the purposes herein shall not be counted as a story.
(Ord. 24-66. Passed 4-5-66.)
1131.07 BOARDING HOUSE.
"Boarding house" means a building, other than a hotel, where for compensation and by prearrangement for definite periods, meals and lodging or meals are provided for three or more persons, but not exceeding twenty persons.
(Ord. 24-66. Passed 4-5-66.)
1131.071 BOTTLING WORKS.
"Bottling works" shall mean any manufacturing facility and/or warehouse used for filling cans, aerosol cans, jars, tubes, bottles and other containers of whatever nature or kind with liquids, gels, creams, lotions or any combinations thereof, in all cases, for the manufacturing of any consumer products or any health and beauty aids used for consumption or use by humans or animals. (Ord. 66-09. Passed 8-18-09.)
1131.08 BUILDING.
"Building" means a structure having a roof supported by columns or by walls and intended for shelter, housing or enclosure of persons, animals or chattels. A covered basement shall, under no conditions, be considered as a building.
(Ord. 24-66. Passed 4-5-66.)
1131.09 BUILDING HEIGHT.
"Building height" means the vertical distance from the grade to the highest point of the coping of a flat roof or to the mean height level between eaves and ridge for gable, hip, or gambrel roofs. (Ord. 24-66. Passed 4-5-66.)
1131.10 CLINIC.
“Clinic” means an establishment where patients are admitted for examination and treatment by a group of physicians practicing medicine together.
(Ord. 24-66. Passed 4-5-66.)
1131.11 CLUB.
"Club" means buildings and facilities owned or operated by a corporation, association or person for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
(Ord. 24-66. Passed 4-5-66.)
1131.12 COMMISSION.
"Commission" means the Ashland City Planning Commission.
(Ord. 24-66. Passed 4-5-66.)
1131.13 CONDOMINIUM.
"Condominium" means a building or buildings in which title to the land and multi-unit improvements on the land are acquired by any two or more persons in any manner whereby each person is vested with title to:
(a) Some form of undivided ownership in one or more units, such as apartments, offices, suites or the like; and
(b) An interest as tenant in common in the land and all the improvements, except the units, but including easements of right of way to access drives, garages, off-street parking spaces and other common areas.
All requirements set forth in this Zoning Code for multiple dwellings shall also apply to condominium developments.
(Ord. 24-66. Passed 4-5-66.)
1131.14 DISTRICT.
"District" means any section of the City for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.
(Ord. 24-66. Passed 4-5-66.)
1131.15 DWELLING.
"Dwelling" means a building or portion thereof which is designed for or used as living quarters. (Ord. 24-66. Passed 4-5-66.)
1131.16 DWELLING, SINGLE-FAMILY.
"Single-family dwelling" means a building designed for or occupied exclusively by one family. (Ord. 24-66. Passed 4-5-66.)
1131.17 DWELLING, TWO-FAMILY.
"Two-family dwelling" means a building designed for or occupied exclusively by two families. (Ord. 24-66. Passed4-5-66.)
1131.18 DWELLING, MULTIPLE.
"Multiple dwelling" means a building designed for or occupied exclusively by three or more families.
(Ord. 24-66. Passed 4-5-66.)
1131.19 EFFICIENCY APARTMENT.
" Efficiency apartment" means a living unit comprised of a combined living-sleeping area together with a kitchen or kitchenette, a bath, and closet. The minimum size for such a living unit is 300 square feet.
(Ord. 24-66. Passed 4-5-66.)
1131.20 FAMILY.
"Family" means one or more persons occupying the premises and living as a single housekeeping unit. (Ord. 24-66. Passed 4-5-66.)
1131.21 FLOOR AREA - RESIDENTIAL.
"Residential floor area" means the gross horizontal areas of the several floors of a dwelling, exclusive of garages, basements and open porches, measured from the exterior faces of the exterior walls of a dwelling.
(Ord. 24-66. Passed 4-5-66.)
1131.22 FRONTAGE - LOT; FRONTAGE - STREET.
(a) "Lot frontage" means the distance between adjacent property lines, measured along the street line.
(b) "Street frontage" means all the property fronting on one side of a street between the two nearest intersecting streets or other barriers.
(Ord. 24-66. Passed 4-5-66.)
1131.23 GARAGE, PRIVATE.
"Private garage" means a garage on the same lot as the residence, designed to house one or more motor vehicles. A private garage may house more than two motor vehicles if the area of the lot on which the garage is located contains 3000 square feet or more for each motor vehicle to be stored there.
(Ord. 24-66. Passed 4-5-66.)
1131.24 GARAGE, PUBLIC.
"Public garage" means any garage used for sale of cars, equipment, motor fuel and the storage or repair of any motor vehicle.
(Ord. 24-66. Passed 4-5-66.)
1131.25 GARAGE, STORAGE.
"Storage garage" means a garage for housing or storage of motor vehicles by the hour, day, month or any other rate method desired. No sales, repairing or storage of wrecks shall be allowed in this type of a garage.
(Ord. 24-66. Passed 4-5-66.)
1131.26 GRADE.
(a) For buildings having walls adjoining one street only, the "grade" is the elevation of the sidewalk at the center of the wall adjoining the street.
(b) For buildings having walls adjoining more than one street, the "grade" is the average of the elevation of the sidewalk at the center of all walls adjoining the streets.
(c) For buildings having no wall adjoining the street, the "grade" is the average level of the finished surface of the ground adjacent to the exterior walls of the building. Where no sidewalk exists, the "grade" shall be established by the City Engineer.
(Ord. 24-66. Passed 4-5-66. )
1131.27 GROUP LIVING ACCOMMODATIONS.
"Group living accommodations" means residential accommodations provided in dormitories, fraternity houses, sorority houses, rooming houses, boarding houses, homes for the aged, family boarding homes for aged persons, nursing homes and similar uses, but not including hospitals, hotels or automobile courts.
(Ord. 24-66. Passed 4-5-66.)
1131.28 HOME OCCUPATION.
"Home occupation" means an occupation or activity carried on as an accessory to a residence as permitted by this Zoning Code.
1131.29 HOTEL.
“Hotel” means a building in which lodging or boarding and lodging are provided for more than twenty persons and offered to the public for compensation and in which ingress and egress to and from all rooms are made through an inside lobby or office supervised by persons in charge. (Ord. 24-66. Passed 4-5-66.)
1131.30 INSTITUTION.
"Institution" means a nonprofit corporation or a nonprofit establishment for public use. (Ord. 24-66. Passed 4-5-66.)
1131.31 JUNK.
"Junk" as used in this Zoning Code, shall be considered as any personal property which is or may be salvaged for re-use, resale, reduction or similar disposition, or which is possessed, transported, owned, collected, accumulated, dismantled or assorted for the aforesaid purposes. (Ord. 24-66. Passed 4-5-66.)
1131.32 JUNK BUILDINGS; JUNK SHOPS; JUNK YARDS.
"Junk buildings, " "junk shops" or "junk yards" mean any land, property, structure, building or combination of the same, on which junk is stored or processed.
(Ord. 24-66. Passed 4-5-66.)
1131.33 LANE.
"Lane" means a public or private thoroughfare permanently reserved as the principal means of access to abutting property.
(Ord. 24-66. Passed 4-5-66.)
1131.34 LODGING HOUSE.
"Lodging house" means a building other than a hotel where lodging for not more than twenty persons is provided for definite periods for compensation.
(Ord. 24-66. Passed 4-5-66.)
1131.35 LOT.
"Lot" means a parcel of land occupied or intended for occupancy by a use permitted in this Zoning Code, including the main building or buildings, limited to one main building in residential districts, together with its accessory buildings, the yard areas and parking spaces required by this Zoning Code, and having its principal frontage upon a public street or upon a place which has been officially approved by resolution of the Planning Commission. Where one or more lots, or parts of lots, have been combined for residential construction, the combined areas as designated on the building permit shall be considered as one lot in the interpretation of area regulations.
(Ord. 24-66. Passed 4-5-66.)
1131.36 LOT AREA.
"Lot area" means the total horizontal area within the boundary lines of a lot.
(Ord. 24-66. Passed 4-5-66.)
1131.37 LOT, CORNER.
"Corner lot" means a lot situated at the intersection of two or more streets.
(Ord. 24-66. Passed 4-5-66.)
1131.38 LOT DEPTH.
"Lot depth" means the mean horizontal distance between the front and rear lot line.
(Ord. 24-66. Passed 4-5-66.)
1131.39 LOT LINES.
"Lot lines" mean the boundary lines of the lot.
(Ord. 24-66. Passed 4-5-66.)
1131.40 LOT, THROUGH.
"Through lot" means an interior lot having frontage on more than one street.
(Ord. 24-66. Passed 4-5-66.)
1131.41 LOT WIDTH.
"Lot width" means the distance between the side lot lines, measured along the front building line. (Ord. 24-66. Passed 4-5-66.)
1131.42 LOT OF RECORD.
"Lot of record" means a lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder of Ashland County, or a parcel of land, the deed of which was recorded in the office of the County Recorder of Ashland County.
(Ord. 24-66. Passed 4-5-66.)
1131.43 MEDICAL CENTER.
"Medical center" means a building or group of buildings in which one or more doctors, dentists etc., maintain their offices for the examination and treatment of patients.
(Ord. 24-66. Passed 4-5-66.)
1131.44 MOBILE HOME.
"Mobile home", including “house trailer” and "trailer coach" means a vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or living quarters, and so designed that it may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.
The character of its foundation, means of support or the permanent nature in which a mobile home is affixed to or incorporated with other structures or to the land, shall not serve to change its classification as a mobile home.
(Ord. 24-66. Passed 4-5-66.)
1131.45 MOBILE HOME PARK.
"Mobile home park" means a tract or parcel of land which has been developed in accordance with the applicable requirements for the accommodation of mobile homes.
(Ord. 24-66. Passed 4-5-66.)
1131.46 MOBILE HOME PLOT.
“Mobile home plot” means space designated for the exclusive use of a single mobile home unit within a mobile home park.
(Ord. 24-66. Passed 4-5-66.)
1131.47 MOTOR COURT OR MOTEL.
"Motor court" or "motel" means a building or group of buildings on the same lot, usually around a court, containing sleeping accommodations which are provided and constructed primarily for transient guests: including auto courts, motels and motor lodges.
(Ord. 24-66. Passed 4-5-66.)
1131.48 NAMEPLATE .
"Nameplate" means a plaque not exceeding one square foot in area which shall not be considered a sign.
(Ord. 24-66. Passed 4-5-66.)
1131.49 NONCONFORMING USE.
"Nonconforming use" under this Zoning Code means a use which existed lawfully at the date of the adoption of Ordinance 24-66 passed April 5, 1966, but does not conform with the use regulations of the zone in which it is located in this Zoning Code.
(Ord. 24-66. Passed 4-5-66.)
1131.50 NOTICE, PUBLIC.
"Public notice" of any hearing or proceeding means thirty days notice of the time and place of such hearing or proceeding published in one newspaper of general circulation in the Municipality. (Ord. 24-66. Passed 4-5-66.)
1131.51 PARKING SPACE.
"Parking space" means a space within a building or a private or public parking area for the parking of one automobile.
(Ord. 24-66. Passed 4-5-66.)
1131.52 PLACE.
"Place" means an open, unoccupied space or a public or private thoroughfare, other than a street or alley, permanently reserved as the principal means of access to abutting property.
(Ord. 24-66. Passed 4-5-66.)
1131.53 SIGN.
"Sign" means any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, designs, trade names or trademarks by which anything is made known, such as those used to designate an individual, a firm, an association, a corporation, a profession, a business, a commodity or a product, which are visible from any public highway or street and used to attract attention, with the following exceptions:
(a) Painted or lettered signs on the surface of windows or doors;
(b) Traffic signs pertaining to the City, County, State or Federal Government;
(c) Municipal signs pertaining to the City;
(d) House numbers;
(e) Nameplates;
(f) Legal notices;
(g) Railroad crossing signs;
(h) Danger signs;
(i) Temporary, emergency nonadvertising signs approved by the Zoning Inspector;
(j) Memorial tablets, name of building, date of erection; use of building, when built into or attached to the walls of the building, and constructed of bronze, brass, marble, stone or other incombustible material.
(Ord. 11-86. Passed 3-4-86.)
1131.531 SIGN, GROUND OR FREE STANDING.
"Ground or free standing sign" means a sign erected on a free standing frame, mast or pole and not attached to any building, etc.
(Ord. 11-86. Passed 3-4-86.)
1131.54 SIGN, PROJECTING.
"Projecting sign" means any sign other than a roof sign, which is attached to or projects from a structure or building face.
(Ord. 11-86. Passed 3-4-86.)
1131.55 SIGN, ROOF.
"Roof sign" means any sign upon or against a roof.
(Ord.11-86. Passed 3-4-86.)
1131.56 SIGN, WALL OR FASCIA.
"Wall or fascia sign" means any sign attached to or erected against a wall of a building with the face parallel to the building wall and extending not more than one foot therefrom.
(Ord. 11-86. Passed 3-4-86.)
1131.57 STORY.
"Story" means that portion of a building, included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above, then the space between the floor and the ceiling next above it.
(Ord. 24-66. Passed 4-5-66.)
1131.58 STORY, HALF.
"Half story" means a partial story under a gable, hip or gambrel roof, the wall plates of which, on at least two opposite exterior walls, are not more than four feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker, or his family, or by a family occupying the floor immediately below it, shall be considered a full story.
(Ord. 24-66. Passed 4-5-66.)
1131.59 STREET LINE.
"Street line" means the street right-of-way line.
(Ord. 24-66. Passed 4-5-66.)
1131.60 STRUCTURE.
"Structure" means anything constructed or erected, the use of which requires a more or less permanent location on the land; or attached to something having a permanent location on the land. (Ord. 24-66. Passed 4-5-66.)
1131.61 STRUCTURAL ALTERATIONS.
"Structural alteration" means any change or replacement of the supporting members of any building or structure, such as bearing walls, columns, joists, beams, girders, etc., or any substantial change in the roof or in the exterior walls.
(Ord. 24-66. Passed 4-5-66.)
1131.62 TOURIST HOME.
"Tourist home" means a private home where rooms are rented for overnight use only.
(Ord. 24-66. Passed 4-5-66.)
1131.63 TRAILER.
"Trailer", "house trailer", "camping trailer", "mobile home", "trailer coach" and "concession trailer", mean any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters, or the conduct of any business, trade or occupation, or use as a selling or advertising device, and so designed that it may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power. The character of its foundation or means of support or the permanent nature in which a trailer is affixed to or incorporated with other structures or to the land shall not serve to change its classification as a trailer. (Ord. 24-66. Passed 4-5-66.)
1131.64 TRAILER PARK.
(See MOBILE HOME PARK). (Ord. 24-66. Passed 4-5-66.)
1131.65 YARD.
"Yard" means an open space, at ground grade, between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard, or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
(Ord. 24-66. Passed 4-5-66.)
1131.66 YARD, FRONT.
"Front yard" means a yard extending across the front of a lot between the side lot lines, which is the minimum horizontal distance between the street line and the main building or any projections thereof. Uncovered balconies, roof overhangs, sills, belt courses, cornices and ornamental features, but not including chimneys, may project into the front yard a maximum of twenty-four inches. Uncovered steps, uncovered porches, or paved terraces may extend a maximum of twelve feet into the front yard. On corner lots the front yard may be considered as parallel to either street. (Ord. 24-66. Passed 4-5-66.)
1131.67 YARD, REAR.
"Rear yard" means a yard extending across the rear of a lot between the side lot lines which is the minimum horizontal distance between the main building or any projections thereof. Uncovered balconies, roof overhangs, sills, belt-courses, cornices, ornamental features, chimneys and open or lattice enclosed fire escapes or stairways may project into the rear yard a maximum of six feet. Uncovered steps, uncovered terraces and uncovered porches may occupy the rear yard. Accessory buildings may occupy portions of the rear yard as hereafter provided.
(Ord. 24-66. Passed 4-5-66.)
1131.68 YARD, SIDE.
"Side yard" means a yard between the main building and the side line of the lot extending from the front yard to the rear yard and being the minimum horizontal distance between the side lot line and the side of the main buildings or any projections thereto.
(Ord. 24-66. Passed 4-5-66.)
1131.69 ZONING CODE.
"Zoning Code" means Sections 1131.01 et seq. of this Planning and Zoning Code.
(Ord. 24-66. Passed 4-5-66.)
1131.70 ZONING ORDINANCE.
"Zoning Ordinance" means Ordinance 24-66, passed April 5, 1966.
(Ord. 24-66. Passed 4-5-66.)
1133.01 INTERPRETATION, PURPOSE AND CONFLICT.
In interpreting and applying the provisions of this Zoning Code, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare.
It is not intended by this Zoning Code to interfere with, abrogate or annul any ordinances, rules, regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the use of buildings or land, or to any easements, covenants or other agreements between private parties. However, where this Zoning Code imposes greater restrictions upon the use of a building or land, or upon the height, bulk or size of a building or structure, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations or permit or by easements, covenants or agreements, the provisions of this Zoning Code shall govern. Where any other ordinances, rules, regulations or permits, or any easements, covenants or agreements impose greater restrictions upon the use of a building or structure, or require larger open spaces than are required under the regulations of this Zoning Code, such provisions shall govern.
(Ord. 24-66. Passed 4-5-66.)
1133.02 ENFORCEMENT; ZONING INSPECTOR.
The duty of administering and enforcing the provisions of this Zoning Code is conferred upon the Building Inspector, who shall also be known as the Zoning Inspector, and for this purpose he shall have such powers as are conferred upon him by this Zoning Code and as reasonably as may be implied. The City Engineer or his appointed agent shall be the Building Inspector and Zoning Inspector. It shall be the duty of the Police Division and the Fire Division to assist the Building Inspector and Zoning Inspector by reporting to him new construction, reconstruction, land use or seeming violations. The Police Division shall assist the Inspector by serving notices, etc., when requested to do so by the Inspector.
(Ord. 24-66. Passed 4-5-66.)
1133.03 VALIDITY.
Should any section or provision of this Zoning Code be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Zoning Code as a whole or any part thereof other than the part so declared to be invalid.
(Ord. 24-66. Passed 4-5-66.)
1133.04 OCCUPANCY CERTIFICATE.
(a) General. No vacant land shall be occupied or used, and no buildings hereafter erected or altered shall be occupied or used until a certificate of occupancy has been issued by the administrative officer.
(b) Certificate for Vacant Land. A certificate of occupancy for the use of vacant land, except for farming land as herein provided, shall be applied for before any such land shall be occupied or used and a certificate of occupancy shall be issued within ten days after the application has been made, provided such use is in conformity with the provisions of these regulations.
(c) Certificate for Building. A certificate of occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit; when the erection or alteration of such structure or part has been completed in conformity with the provisions of this Zoning Code, the administrative officer shall issue such certificate of occupancy within three days after written request has been made.
Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued for a period not exceeding six months during the completion of the alterations, or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the City relating to the use or occupancy of the premises, or any other matter covered by this Zoning Code; and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.
(d) Application for Certificate; Fee. A certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances, and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the administrative officer, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for an original certificate applied for at the same time as the application for a building permit. However, in the event that any excavation, construction or alteration has been started prior to the application for a certificate of occupancy, a fee of five dollars ($5.00) shall be charged for such certificate. For copies of an original certificate, there shall be a charge of one dollar ($1.00) each.
(e) Excavation Permit. No permit for excavation for any building shall be issued before application has been made for a certificate of occupancy.
(Ord. 24-66. Passed 4-5-66.)
1133.99 PENALTY.
Whoever violates any provision of this Zoning Code for which no other penalty is provided shall be fined not less than five dollars ($5.00) nor more than one hundred dollars ($100.00). A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The owner of any buildings or premises or part thereof, where anything in violation of this Zoning Code is placed or exists, and any architect, builder, contractor, agent or person employed in connection therewith and who may have assisted in the commission of any such violation, shall be guilty of a separate offense.
(Ord. 24-66. Passed 4-5-66.)
1135.01 MEMBERSHIP.
An administrative board called the Zoning Board of Appeals is hereby established and the word "Board" when used in this Zoning Code shall mean the "Ashland City Zoning Board of Appeals".
The Planning Commission, with the exception of the Mayor and City Engineer, shall be the Zoning Board of Appeals.
The City Engineer shall serve as secretary to the Board. The secretary will not be a voting member and no member shall receive a fee for his services but shall be paid all expenses incurred while on business of the Board, upon approval of the Board.
(Ord. 24-66. Passed 4-5-66.)
1135.02 HEARINGS; RULES OF PROCEDURE.
The hearings of the Zoning Board of Appeals shall be public; however, the Board may go into executive session for discussion and vote on any case before it. The Board shall organize annually and elect a President and a Vice-President. The Board shall act by resolution in which three members must concur. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Code.
The Board shall hear the intervention of any owner of property adjacent to, in the rear of or across the street from a lot to which the granting of any building permit is pending, and shall also hear any other interested parties.
(Ord. 24-66. Passed 4-5-66.)
1135.03 WITNESSES, OATHS, CONTEMPT PROCEEDINGS.
The Zoning Board of Appeals shall have the power to subpoena witnesses, administer oaths and punish for contempt, and may require the production of documents under such regulations as it may establish.
(Ord. 24-66. Passed 4-5-66.)
1135.04 APPEAL PROCEDURE.
Appeals may be taken to and before the Zoning Board of Appeals by any person aggrieved, or by an officer, department, board or bureau of the City. Such appeal shall be taken within such time as is prescribed by the general rules of the Board, by filing, with the officer from whom the appeal is taken and with the Board, a notice of appeal, and specifying the grounds thereof. The office or department from which the appeal is taken shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative officer shall certify to the Board, after the notice of appeal has been filed with it, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed except by a restraining order which may be granted by the Board or by a court of equity after notice to the officer from whom the appeal is taken and on due cause shown.
The Board shall fix a time, not to exceed sixty days from the date of appeal, for the date of hearing of the appeal or other matters referred to it, and shall give public notice of such hearing. A decision of the Board on the appeal shall be reached within a reasonable time. Upon the hearing, any party may appeal in person or agent or by attorney. The Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from, and shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premises, and to that end shall have all powers of the administrative officer from whom the appeal is taken.
(Ord. 24-66. Passed4-5-66.)
1135.05 POWERS AND DUTIES.
(a) The Zoning Board of Appeals shall have as its duty the hearing and deciding of appeals where it is alleged that a building permit has been refused the person appealing. In hearing and deciding appeals, the Board shall have the power to grant an exception or variation in the following instances:
(1) Interpret the provisions of this Zoning Code in such a way as to carry out the intent and purpose of the plan as shown upon the map fixing the several districts accompanying and made a part of this Zoning Code, where the street layout actually on the ground varies from the street layout as shown on the aforesaid map.
(2) Permit the remodeling or expanding of a nonconforming building or reconstruction when damaged by explosion, fire, act of God or the public enemy, to the extent of more than seventy-five percent of its fair market value, where the Board finds some compelling necessity requiring a continuance of the nonconforming use.
(3) Waive or reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
(4) Permit land within 300 feet of a multiple dwelling to be improved for the parking spaces required in connection with a multiple dwelling, but only when there is positive assurance that such land will be used for such purpose during the existence of the multiple dwelling.
(5) Permit a variation in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variation will not seriously affect any adjoining property or the general welfare.
(6) Permit an industry or business in a B-2 or B-3 Business District or in an M- 1 Light Industrial District by reason of its nonobjectionable nature or effect upon the surrounding area.
(b) The Board shall have the authority to evaluate and determine whether the character or magnitude of an occupation conducted in a residence is such that it may be classified or continued to be classified as a home occupation.
(Ord. 24-66. Passed 4-5-66.)
(c) The Board shall have the authority to permit a variation in the sign requirements in any zoning district where there are unusual and practical difficulties or unnecessary hardships in complying with such requirements, provided that any such variation shall not unreasonably affect any adjoining property or the general welfare and further provided that the purpose and intent of the sign requirements not be diminished any more than is reasonably necessary to permit the variation. (Ord. 31-82. Passed 6-15-82.)
1135.06 STANDARDS.
(a) In considering all appeals and all proposed exceptions or variations to this Zoning Code, the Zoning Board of Appeals shall, before making any exceptions or variations from this Zoning Code in a specific case, first determine that it will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in public streets, increase the danger of fire or endanger the public safety, unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the City.
(Ord. 24-66. Passed 4-5-66.)
(b) The Zoning Board of Appeals shall have the authority to evaluate and determine whether the character or magnitude of any home occupation is such that it may be classified as a professional, light or heavy home occupation as defined in this Zoning Code and to perform all other duties and responsibilities described in Chapter 1171, "Home Occupations".
1135.07 FEE FOR APPEAL.
A fee of thirty dollars ($30.00) shall be paid to the administrative officer at the time the notice of appeal is filed, which the officer shall forthwith pay over to the Finance Director to the credit of the General Revenue Fund of the City.