The BZA shall consist of five members who are electors of the city appointed/reappointed by the mayor, subject to confirmation by the council for staggered terms of three years. Vacancies shall be filled in the same manner for the unexpired term. The members of the BZA shall serve at such compensation as may be fixed by ordinance and each member shall serve until a successor is appointed and qualified. Members of the BZA may be removed by the mayor for cause upon written charges and after public hearing. The mayor shall appoint, for a term of three years, two alternate members of the BZA, with staggered terms, subject to confirmation by the council, who shall act, with full power, only when a regular member is absent from a meeting or is unable to vote because of conflict of interest in the matter.

(Ord. No. 0-133-24, § I, 12-16-2024)

The BZA shall have the following powers of original jurisdiction:

(A)

Conditional uses: Approve issuance of the conditional use permit by making an affirmative finding in writing that the proposed conditional use is to be located in a zone wherein such use may be conditionally permitted, that all conditions for approval of such use in such zone have been met, and that such use shall not result in significant negative impacts upon or conflict with surrounding uses. Upon making an affirmative finding, the BZA shall direct the zoning administrator to issue a conditional use permit for such use which shall list all conditions and safeguards specified by the BZA for approval. In granting approval for any conditional use, the BZA may prescribe appropriate conditions and safeguards in conformance with this title. Any violation of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a punishable violation of this title.

(B)

Nonconforming uses: The substitution for a nonconforming use existing at the time of enactment of the zoning code, of another not more objectionable nonconforming use, if no structural alterations, except those required by law or resolution, are made, provided however, that in an R-Zone no change shall be authorized by that BZA to any use that is not permitted or conditional use in that R-Zone, and in a B-Zone no change shall be authorized to any use that is not a permitted or conditional use in that B-Zone.

(C)

Determination of required off-street parking: In case of any building, structure, or premises, the use of which is not specifically mentioned in Chapter 23.10 Table B, the BZA shall determine the amount of off-street parking required. In making this determination the BZA shall identify a use from the Table B which is similar or comparable in regard to the parking requirement and shall apply those minimum requirements.

(D)

Temporary structures and uses.

(1)

Standards—The BZA may permit the temporary use of structures or premises in any zone for a purpose that does not conform to the regulations prescribed elsewhere in the zoning code for the zone in which it is located, provided that the BZA finds such use to be of a temporary nature, not to involved the erection of a substantial structure, and to be unlikely to cause substantial detriment to the public. Any such temporary certificate shall be granted subject to such conditions as will safeguard the public health, safety, morals and general welfare.

(2)

Term of temporary permit—A zoning permit granted for such use shall take the form of a temporary permit for a term of no longer than 12 months. An extension of a temporary permit may be granted by the BZA, after receiving a recommendation from the commission. No temporary permit shall exceed 36 months.

(3)

Term of temporary permit.

(4)

The zoning administrator may issue a temporary use permit for a period up to 60 days on their authority keeping in mind the general conditions noted above.

(5)

Permit revocable—Upon application by any aggrieved person, the BZA may revoke a temporary permit and require the discontinuance of the use within the term of the permit or of an extension of the permit, if it finds that the temporary use is causing or is likely to cause substantial detriment to the public.

(E)

Conditionally permitted uses—General provisions: The BZA may authorize the issuance of a conditional use permit in accordance with the following provisions:

(1)

Conditional uses for which a permit is issued are permitted in the zone;

(2)

Each conditional use is considered as an individual case;

(3)

The BZA shall find that the case conforms to the specific requirements enumerated in each section and also these standards:

(a)

The conditional use complies with all applicable city regulations

(b)

The conditional use will be of such location, size, and character that it will generally be in harmony with the appropriate and orderly development of the zone. It will not be detrimental to the orderly development of adjacent properties nor inconsistent with the city comprehensive plan.

(c)

The ingress and egress from the parking area is so designed as to cause minimum interference with traffic on abutting streets.

(Res. No. R-05-22, 8-1-2022)

(A)

Administrative review: The BZA shall have the power to hear and decide appeals, filed as hereinafter provided, where it is alleged by the appellant that there is error in any order, requirement, decision, determination, grant or refusal made by the zoning inspector or other administrative official in the enforcement and interpretation of the provisions of the zoning code.

(B)

Variances: The BZA shall have the power to authorize upon appeal in specific case, filed as hereinafter provided, such variances from the terms, provisions or requirements of the zoning code as will not be contrary to the public interest; so that the spirit of the zoning code shall be observed, public safety and welfare secured and substantial justice done.

(1)

Prevailing conditions create undue difficulty or hardship—The power of the BZA to authorize a variance is strictly limited to those exceptional situations where owing to special conditions on the property in question, i.e. exceptional narrowness, shallowness or unusual shape of that property on the effective date of the zoning code, or exceptional topographic conditions, or owing to extraordinary situations or conditions on property immediately adjoining the piece of property in question, the literal enforcement of the requirements of the zoning code would involve undue difficulty or hardship the BZA shall have power to relieve such hardship. Exceptional situations may be related to the hillside requirements of the subdivision regulation (Title 21), the flood damage prevention regulations (Title 25), the land development regulations (Title 27), or other overlay zone requirements.

(2)

Conditions may be attached—In authorizing a variance, the BZA may attach such conditions regarding the location, character and other features of the proposed structure or use it may deem necessary in the interest of the furtherance of the purposes of the zoning code and in the public interest. In authorizing a variance with attached conditions, the BZA shall require such evidence guarantee, bond, surety or other security as it may deem necessary to enforce compliance with the conditions attached to said variance.

(C)

BZA may reverse orders: In exercising its power, the BZA may, in conformity with the provisions of the zoning code, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the office from which the appeal is taken.

The BZA may exercise only those powers expressly and specifically granted to it by the city council in accordance with the Ohio Revised Code. It has no authority to take any action with respect to any city or other public right-of-way.

The BZA shall organize, elect its chair and adopt rules for its own governance in accordance with the zoning code. Meetings of the BZA shall be held at the call of the chair, and at such other times as the BZA may determine. The chair shall administer oaths and the BZA may compel the attendance of witnesses. All meetings of the BZA shall be open to the public. The BZA shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. The records of its examinations and other official actions shall be filed in the code enforcement office.

Three members of the BZA shall constitute a quorum. The BZA shall act by resolution, and the concurring vote of three members of the BZA shall be necessary to reverse or modify any order, requirement, decision or determination of the zoning administrator or any other administrative official or to decide in favor of an applicant in any matter on which it is required to pass under the zoning code or to effect any variance from the requirements stipulated in the zoning code. The grounds of every such determination shall be stated in the minutes.

The BZA may call upon the city departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the BZA as may reasonably be required.

(A)

Applications; when and by whom made: An application, in cases in which the BZA has original jurisdiction under the provisions of the zoning code, may be made by any property owner, tenant, or by a governmental officer, department, or bureau. Such application shall be filed with the BZA.

(B)

Appeals; when and by whom made: Appeals to the BZA concerning interpretation or administration of this title may be made by a person aggrieved or affected by a decision of the zoning inspector. Such appeal shall be made within 20 days after the decision, by filing with the BZA, a notice of appeal specifying the grounds, upon which the appeal is being made. The zoning administrator shall transmit to the BZA all the papers constituting the record upon which the action appealed from was made.

(C)

Stay of proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning administrator from whom the appeal is made certifies to the BZA after the notice of appeal is filed with zoning administrator, that by reason of facts stated in the application, a stay would, in the administrator's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the BZA or by a court of record on application, on notice of the zoning administrator from whom the appeal is made due cause shown.

(D)

Application requirements and standards for variances. Except as otherwise permitted in this title, no variance in the strict application of the provisions of this title shall be granted by the BZA unless the BZA shall find that the written application of the requested variance contains all of the following requirements:

(1)

Name, address, and telephone number of applicant(s);

(2)

Legal description of property;

(3)

Description or nature of variance requested;

(4)

A fee is established by ordinance plus an additional fee in a sufficient amount to cover the cost of publishing and/or posting and mailing the notices of the hearing or hearings;

(5)

Narrative statements establishing and substantiating that the variance conforms to the following standards:

(a)

The granting of the variance shall be in accord with the general purpose and intent of the regulations imposed by this title on the zone in which it is located, and shall not be injurious to the area or otherwise detrimental to the public welfare.

(b)

The granting of the variance will not permit the establishment of any use which is not otherwise permitted in the zone.

(c)

There must exist special circumstances or conditions, fully described in the findings, applicable to the land or buildings for which the variance is sought, which are peculiar to such land or buildings and do not apply generally to land or buildings in the area, and which are such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of such land or buildings. Mere loss in value shall not justify a variance. There must be deprivation of beneficial use of land or buildings.

(d)

There must be proof of hardship created by the strict application of this title. It is not sufficient proof of hardship complained of cannot be self-created nor can it be established on this basis by one who purchases with or without knowledge of the restrictions. It must result from the application of this title and it must be suffered directly by the property in question.

(e)

The granting of the variance is necessary for the reasonable use of the land or building and the variance as granted is the minimum variance that will accomplish this purpose.

(f)

The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values of the adjacent area.

(g)

The granting of the variance requested will not confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same zone.

(A)

Public hearings: The BZA shall hold a public hearing within 60 days after the receipt of an application for an appeal or a variance from the zoning administrator or from an applicant. At the hearing, any party may appear in person or be represented by agent or by attorney; testimony will be conducted under oath.

(B)

Notice of public hearing in newspaper: Before conducting the public hearings required in this section, notice of such hearings shall be given in one or more newspapers of general circulation in the city at least ten 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 appeal or variance.

(C)

Notice to parties in interest: Before conducting the public hearing required in this section, written notice of such hearing shall be mailed by the BZA, by first class mail, at least ten days before the day of the hearing to all parties in interest. The notice shall contain the same information as required of notices published in newspapers as specified above.

(A)

The BZA shall decide all applications and appeals within 30 days after the final hearing thereon. A certified copy of its decision shall be transmitted to the applicant and to the zoning administrator. Such decision shall be binding upon the zoning administrator and shall be incorporated in the permit, whenever a permit is authorized by the BZA.

(B)

A decision of the BZA shall become final at the expiration of five days from the date such decision is made, unless the BZA shall deem an emergency requiring that immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.

(C)

Variances from the regulations of this title shall not be granted unless the BZA makes specific findings of fact, based directly on the particular evidence presented to it, which support conclusions that the standards and conditions imposed in this title, if applicable, have been met by the applicant.

(1)

Practical difficulty to undue hardship—Because of exceptional or extraordinary conditions pertaining to a specific piece of property, as stated in Section 23.07.03(b)(1) above, a literal enforcement of these regulations will result in practical difficulty or undue hardship that is unnecessary to the achievement of public purposes.

(2)

Exceptional circumstances—There are exceptional or extraordinary circumstances or conditions applying to the property in question, or to the intended use of the property, that do not apply generally to other properties or classes or uses in the same zone.

(3)

Preservation of equal property rights—Literal interpretation of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zone and the same vicinity, while a granting of the requested variance will not confer on the applicant any special privilege that is denied to other properties in the same zone and the same vicinity.

(4)

Minimum variance—The variance granted is the minimum variance required to make possible the reasonable use of the property.

(5)

Absence of detriment—The authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purpose of the zoning code or the public interest.

(6)

Not of general nature—The condition or situation of the specific piece of property, or the intended use of said property, for which variance is sought—one or the other or in combination—is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such condition or situation.

(D)

Terms of variance: No order of the BZA granting a variance shall be valid for a period longer than 12 months from the date of such order unless the use is commenced within such period. Any variance which results in the construction of a new building, or the repair, alteration or addition to an existing building shall be bound by the construction period as noted in Section 23.03.22.

(A)

Filing of appeal from BZA decision: Any person or persons, jointly or severally aggrieved by any decision of the BZA, or any resident, or any officer, department, or appointed body of the municipality may present to the Athens County Court of Common Pleas a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the ground of illegality. Such petition shall be presented to the court within 30 days after the mailing of the BOA's decision to the applicant.

(B)

No stay of proceedings: An appeal from a decision of the BZA to the Athens County Court of Common Pleas shall not stay proceedings upon the decision appealed from, unless the court, on application after notice to the BZA and on due cause shown, shall grant a restraining order.

Requests for variances of business and manufacturing uses shall be forwarded to the city commission for their review. The commission's review shall consist of the proposed use in terms of the objectives and recommendations of the comprehensive city plan. The commission shall submit the review to the BZA within 30 days.