This chapter establishes both the powers and duties of the Building Inspector, the Planning Commission, the Board of Zoning Appeals, and City Council with respect to the administration and enforcement of the provisions of this Code.

(Ord. 98-176. Passed 8-3-98.)

   The Building Inspector shall have the following responsibilities and powers:

   A.   Enforce the provisions of this Code and interpret the meaning and application of its provisions.

   B.   Receive, review and make determinations on applications for zoning permits (parking), also no person shall construct an accessory structure without first making application to the Building Department and obtaining a zoning permit for same. Fees for accessory structure permits shall be as provided in Section 109.13 of Elyria Codified Ordinances. This section shall not be construed as relief from any requirements to obtain other approvals/permits if required by other sections of the Elyria Codified Ordinances.

   C.   Review and process plans pursuant to the provisions of this Code.

   D.   Make determinations as to whether violations of this Code exist, determine the nature and extent thereof, and notify the owner in writing, specifying the exact nature of the violation and the manner in which it shall be corrected by the owner, pursuant to the procedures in this Code.

   E.   Conduct inspections of buildings and uses of land to determine compliance or noncompliance with this Code.

   F.   Maintain permanent and current records required by this Code, including, but not limited to, the Official Zoning Map, zoning permits, inspection documents and records of all variances, amendments and conditional uses. These records shall be made available for use to the City Council, the Planning Commission, the Board of Zoning Appeals and the public.

   G.   Revoke permits or approvals based on a false statement, misrepresentation, or inaccurate information in the application therefor or where a provision of this Code has been violated.

(Ord. 98-176. Passed 8-3-98; Ord. 2019-117. Passed 8-5-19.)

   The Planning Commission shall have the following responsibilities and powers as they relate to this Code:

   A.   Initiate advisable Official Zoning Map changes, or changes in the text of this Code where the same will promote the best interest of the public in general, through recommendation to the City Council.

   B.   Review all proposed amendments to the text of this Code and the Official Zoning Map and make recommendations to the City Council.

   C.   Carry on a continuous review of the effectiveness and appropriateness of this Code and recommend such changes or amendments as it feels would be appropriate.

   D.   Review and act on site plans.

(Ord. 98-176. Passed 8-3-98.)

   All members of the Planning Commission shall serve without compensation.

(Ord. 98-176. Passed 8-3-98.)

   The position in the unclassified service of the Secretary of the Planning Commission is hereby created. The duties of the position shall be to have direct charge of all records and minutes of proceedings of the Commission.

(Ord. 98-176. Passed 8-3-98.)

   The Board of Zoning Appeals shall have the following responsibilities and duties:

   A.   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Building Inspector in the enforcement of this Code.

   B.   To authorize such variances from the terms of this Code as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this Code will result in unnecessary hardship, and so that the spirit of this Code shall be observed and substantial justice done.

   C.   On appeal, to hear and decide on such special exceptions as the Board is specifically authorized to pass on by the terms of this Code.

   D.   To interpret the provisions of this Zoning Code or the Zoning Map where there is doubt as to meaning or application. The Board shall have the specific power to:

      1.   Interpret the precise location of the boundary lines between zoning districts.

      2.   Interpret the classification of a use which is not specifically mentioned as a part of the use regulations of any zoning district so that it conforms to a comparable permitted use in accordance with the intent and purpose of each district.

   E.   To exercise such other powers as may be granted to the Board by this Code, amendments hereto or the general laws as set forth in the Ohio Revised Code, as amended.

   The Board shall not have the power to alter or change the zoning district classification of any property, nor to make changes in the terms or intent of this Code, but does have the power to act on those matters where this Code provides for review, interpretation or variance, as defined in this chapter.

(Ord. 98-176. Passed 8-3-98.)

   The following shall apply to the organization and procedures of the Board of Zoning Appeals:

   A.   Appointment.

   The Board shall be composed of five (5) electors of the City. Members shall be appointed by the Mayor for a period of five (5) years. The terms shall be arranged so that the term of one member shall expire each year. Should any vacancy on the Board occur for any reason, the Mayor shall appoint a successor to serve the unexpired term. The Mayor shall have the right to remove any members of the Board with due cause.

   B.   Organization and Rules.

   The Board shall organize annually and elect a Chairperson, Vice-chairperson and secretary from its membership. The secretary need not be a member of the Board. The Board shall adopt such procedural rules as may be necessary to carry into effect the provisions of this Zoning Code and to exercise the powers and jurisdiction conferred upon it by this Code.

      1.   The Chairperson shall preside at all meetings of the Board. He or she shall decide on all points of order and procedure unless otherwise directed by a majority of the Board. The Chairperson may appoint committees deemed necessary to carry out the business of the Board. The Chairperson may administer oaths and compel the attendance of witnesses as necessary to carry out the business of the Board. The Chairperson's signature shall be the official signature of the Board and shall appear on all decisions as directed by the Board.

      2.   The Vice-chairperson shall serve in the absence of the Chairperson and shall have all the powers of the Chairperson during his or her absence, disability or disqualification.

      3.   The secretary shall keep minutes of all meetings and shall be responsible for all official correspondence of the Board.

   C.   Meetings.

   Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. All meetings shall be open to the public.

   D.   Voting.

   All actions of the Board shall be taken by resolution, the vote of each member being recorded. Three members of the Board shall constitute a quorum to do business. A concurring vote of three (3) members shall be necessary to grant variances from the strict letter of this Code or to reverse any other order, requirement, decision or determination of the Building Inspector. No member of the Board shall vote on any matter in which he or she is personally or financially interested.

   E.   Minutes and Records.

   The secretary of the Board 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, and shall keep records of its examinations and other official actions, all of which shall be certified correct and filed in the City Hall and shall be a public record.

   F.   Witnesses and Oaths.

   The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths and compel testimony and the production of books, papers and other evidence pertinent to any issue before the Board.

   G.   Department Assistance.

   The Board may call on all City departments for assistance in the performance of its duties, and it shall be the duty of such departments to render assistance to the Board as may be required. In addition, the Department of Community Development staff may make an analysis and present a report on any matter before the Board. Such report shall be considered by the Board at the time of hearing on the matter.

   H.   Alternate members of the Board.

   The Mayor may appoint up to three alternate members to the Board, each for a term of five years. An alternate member shall take the place of an absent regular member at any meeting of the Board, according to procedures prescribed by the Board. An alternate member shall meet the same qualifications and criteria for appointment as a regular member. When attending a meeting in the place of an absent member, the alternate member is authorized to vote on any matter upon which the absent member is authorized to vote.

(Ord. 98-176. Passed 8-3-98; Ord. 2017-162. Passed 11-20-17.)

   The following guidelines shall govern the actions of the Board of Zoning Appeals:

   A.   The Board shall be governed by the provisions of all applicable State statutes, local laws, ordinances and rules set forth herein.

   B.   The Board shall become familiar with all enacted ordinances and laws of the City under which it may be expected to act as well as with applicable State enabling legislation.

   C.   The Board shall uphold the Zoning Ordinance and Official Zoning Map as adopted and shall serve primarily as a judicial review in the performance of its duties.

   D.   The Board shall become familiar with the community goals, desires and policies. The Board shall not act as a legislative body, or, through interpretation, the granting of variances or the setting of conditions, subvert the basic intent of this Zoning Code to be generally and equally applicable to all persons covered by a zoning district.

(Ord. 98-176. Passed 8-3-98.)

   An application for a hearing in cases in which the Board has original jurisdiction under the provisions of Section 1127.04 may be submitted by any person in interest or by an officer or bureau of the governing body of the City affected by any decision of the Building Inspector. An appeal to the Board shall be submitted within thirty days of the date of the action which is appealed. The applicant must file a notice of appeal with the Building Inspector and with the secretary of the Board. Such notice shall be made on the form provided for that purpose. The Building Inspector or other designated person shall be responsible, at the direction of the Board, for providing any applicant with proper forms and for instructing the parties concerned on the proper manner for completing and filing such forms. All information required on the form shall be complete before an appeal is considered filed.

   A fee, as established by City Council, shall be deposited with the secretary for each appeal filed to defray the costs of notices and the hearing.

(Ord. 98-176. Passed 8-3-98.)

   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector from whom the appeal is taken certifies to the Board after the notice of appeal is filed with him or her, that by reason of facts stated in writing to the Board, a stay would, in his or her opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed by other than a restraining order which may be granted by the Board or by a court of record on application, on notice to the Building Inspector and on due cause shown.

(Ord. 98-176. Passed 8-3-98.)

   The Board shall schedule a hearing on all appeals or applications within sixty (60) days of the filing of the appeal application. The Board shall give notice of the hearing at least ten (10) days prior to the date thereof by publication in a newspaper of general circulation. The applicant must supply a list of names and addresses of all adjoining property owners to the Board. The Board shall make certain that written notice also be given at least five (5) days prior to the hearing date to all adjacent property owners. Any party may appear in person or by agent or attorney at the hearing.

(Ord. 98-176. Passed 8-3-98.)

   The following will apply to the decisions of the Board of Zoning Appeals:

   A.   The Board shall decide all applications and appeals within thirty (30) days after the final hearing thereon.

   B.   The applicant shall be notified in writing of the Board's decision and the findings of fact which were the basis for the Board's determinations.

   C.   The Board may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination of the Building Inspector. The decision shall state any conditions and safeguards necessary to protect the public interest.

   D.   In reaching a decision, the Board shall be guided by standards specified in this Code as well as by the community goals and policies.

   E.   A certified copy of the Board's decision, including all terms and conditions, shall be transmitted to the Building Inspector and shall be binding upon and observed by him or her. The Building Inspector shall fully incorporate these same terms and conditions in the permit to the applicant whenever a permit is authorized by the Board.

   F.   All findings and decisions shall be clearly set forth in the minutes of the Board. In rendering a decision, the Board should show that:

      1.   It has considered and evaluated all available information and evidence.

      2.   It has heard all parties in question.

      3.   Any personal knowledge the Board may have of the subject under question has been taken into account.

      4.   The Board has received a report on the case based upon an inspection of the parcel in question.

(Ord. 98-176. Passed 8-3-98.)

   A variance from the terms of this Code shall not be granted by the Board unless and until a written application for a variance is submitted to the Building Inspector. The application shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied in the application. At a minimum, the application shall contain the following information:

   A.   The name, address and telephone number of the applicant;

   B.   A description of the nature of the variance requested;

   C.   A statement demonstrating that the requested variance conforms to the standards set forth in Section 1127.12; and

   D.   A fee as established by Council.

(Ord. 98-176. Passed 8-3-98.)

   The Board shall have the power to make variances from the provisions of this Zoning Code in cases where the strict application of the provisions of this Code would result in practical difficulty or unnecessary hardship. The Board shall have the power to impose additional conditions and safeguards other than those stated in this Zoning Code when granting variances. Such additional conditions shall be reasonable and necessary to promote and preserve the public safety, general welfare and economic viability of the neighborhood and community and shall be imposed solely for the purpose of minimizing the effect of the variance on surrounding property and the community as a whole. Violations of such conditions and safeguards, when made a part of the terms under which the variance use is granted, shall be deemed a violation of this Code and shall be punishable under Section 1127.99.

   In authorizing a variance with conditions the Board may require a guarantee or bond as it may deem necessary to enforce compliance with such conditions.

   No variance from the provisions or requirements of this Zoning Code shall be authorized by the Board unless the Board finds that all of the following facts and conditions substantially exist:

   A.   That there are exceptional or extraordinary conditions applying to the property that do not apply to other properties in the same zoning district.

   B.   That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity.

   C.   That the authorization of such variance will not be of substantial detriment to adjacent property and will not impair the purposes of this Zoning Code or the public interest.

   D.   That there are unique physical circumstances or conditions applying to the property in question such as irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions.

   E.   That such variance shall, in no manner or guise, be construed to mean a change of use or density but shall mean only a variation or modification from the provisions of this Zoning Code.

(Ord. 98-176. Passed 8-3-98.)

   In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Code. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Code and shall be punishable under Section 1127.99. Under no circumstances shall the Board grant an appeal or variance to allow a use not permissible under the terms of this Code in the district involved, or any use prohibited by the terms of this Code in such district.

(Ord. 98-176. Passed 8-3-98.)

   The Board of Zoning Appeals shall establish a date for a public hearing within sixty (60) days after the receipt of an application for a variance.

(Ord. 98-176. Passed 8-3-98.)

   Before holding the public hearing required in Section 1127.14, notice of such hearing shall be given by publication in a newspaper of general circulation in the City not less than ten (10) days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed variance.

(Ord. 98-176. Passed 8-3-98.)

   Before holding the public hearing required in Section 1127.14, written notice of such hearing shall be mailed by first class mail, or hand delivered, at least ten (10) days before the day of the hearing to the property owner, the petitioner and the owners of property contiguous to and directly across the street, road or highway from such property. The failure to mail or deliver the notification as provided in this Code shall not invalidate any such amendment. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1127.15.

(Ord. 98-176. Passed 8-3-98.)

   Within thirty (30) days after the public hearing required in Section 1127.14, the Board shall either approve, approve with supplementary conditions as specified in Section 1127.17, or disapprove the request for a variance pursuant to the provisions of this chapter. The Board of Zoning Appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance and demonstrate that the decision will make possible a reasonable use of the land, building or structure.

(Ord. 98-176. Passed 8-3-98.)

   It is the intent of this Code that all questions of interpretation and enforcement shall first be presented to the Building Inspector and that such questions shall be presented to the Board only on appeal from the decision of the Building Inspector, and that recourse from the decision of the Board shall be to the courts as provided by Section 1127.19 and Ohio R.C. Chapter 713.

   If, in the course of carrying out the intent of this chapter of a judicial review of all appeal cases brought before it, the Board finds a series of similar irregularities or inequities, the Board shall inform Council and the Planning Commission of these matters in order that Council may consider a change in the appropriate zoning regulation and Map to alleviate the same.

(Ord. 98-176. Passed 8-3-98.)

   Any party aggrieved by a decision of the Board may appeal to the Court of Common Pleas of Lorain County, Ohio.

(Ord. 98-176. Passed 8-3-98.)

   The fees for all applicant costs incurred in this Zoning Code shall be established by City Council. No plan shall be accepted for filing and processing, as provided in this Zoning Code, unless and until the established filing fee is paid to the City.

   The applicant shall be responsible for the expenses incurred by the City of Elyria in reviewing the plan or any modifications to the plan. Such expenses may include items such as the cost of professional services, including expenses and legal fees in connection with reviewing the plan, prepared reports, the publication and mailing of public notice in connection therewith, and any other reasonable expenses directly attributable thereto.

   At the time of submitting a site plan to the Planning Commission for consideration, the applicant shall make a deposit in the office of the City Auditor in the amount equal to the estimated cost of the City's expenses.

(Ord. 98-176. Passed 8-3-98.)

   The notice of any violation of this Zoning Code shall be as follows:

   A.   Whenever the Building Inspector determines that there is a violation of any provision of this Code, a notice of such violation shall be issued. Such notice shall:

      1.   Be in writing;

      2.   Identify the violation;

      3.   Include a statement of the reason or reasons why it is being issued and refer to the section of this Zoning Code being violated; and

      4.   State the time by which the violation shall be corrected.

   B.   Service of notice of the violation shall be as follows:

      1.   By personal service to the owner, tenant or the person or persons responsible, or by leaving the notice at the usual place of residence of the owner with a person aged sixteen (16) years or older; or

      2.   By certified mail, and first class mail simultaneously, addressed to the person or persons responsible at the last known address. Service shall be deemed complete when the fact of the mailing is entered of record, provided that the first class mail envelope is not returned by the Postal Authorities with an endorsement showing failure of delivery; or

      3.   By posting a copy of the notice form in a conspicuous place on the premises determined to be in violation.

(Ord. 98-176. Passed 8-3-98.)

   A.   Whoever violates, disobeys or fails to comply with an order issued by the Building Inspector, or whoever constructs, modifies, alters, uses or occupies any structure or property, in violation of this Zoning Code, is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00), or imprisoned not more than thirty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

   B.   If, within one year of the date of the first offense, the offender has been convicted of or pleads guilty to another violation of this Zoning Code, the offender is guilty of a misdemeanor of the third degree, and shall be fined not more than five hundred dollars ($500.00), or imprisoned not more than sixty days, or both, for each offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

   C.   The City of Elyria, the Mayor on behalf of the City of Elyria or any officer designated by the Mayor on behalf of the City of Elyria, or the City Law Director, may, in addition to the criminal remedies provided in this Zoning Code, file suit for injunction against any violation of this Zoning Code, or, if the violation has caused damages to the City of Elyria, for a judgment for damages, and any person, property owner or occupant of property who can show that the person, property owner or occupant of property has suffered harm or whose property has suffered harm as a result of violations of this Zoning Code, may file suit for injunction or damages to the fullest extent provided by law.

   D.    In the event of any building that is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land that is proposed to be used in violation of this Code, or any amendment or supplement hereto, the Mayor, the City Law Director, the Building Inspector or any adjacent or neighboring property owner who would be specifically damaged by such violation may, in addition to other remedies provided by law, initiate proceedings to prevent such unlawful location, erection, construction, reconstruction, alteration, conversion, maintenance or use, to restrain, correct or abate such violation to prevent the occupancy of the said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

(Ord. 98-176. Passed 8-3-98.)