Findlay City Zoning Code
CHAPTER 1115
Board of Zoning Appeals Rules and Procedures
1115.01 CREATION AND MEMBERSHIP.
(a) Creation. A Board of Zoning Appeals, hereafter referred to as the "Board", shall be established.
(b) Member Composition. The Board shall consist of five (5) members and two (2) alternates, all of whom shall be electors of the City and who shall be appointed as follows: Five (5) members of the Board and two alternates shall be appointed by the Mayor, with the consent and approval of Council. An alternate shall be considered a member when acting on behalf of a member who is absent or must abstain from voting.
(c) Terms. These members of the Board and alternates shall hold office for terms of four (4) years, and their terms shall be staggered so that not more than two (2) shall expire in any one (1) year.
(d) Vacancies. The Mayor shall appoint a new member or alternate to fill any vacancy for the unexpired term created by a resignation or otherwise, subject to the consent of Council.
(e) Continuity. All members or alternates shall serve until their successors are appointed and qualified.
(f) Removal. The Mayor shall have the power to remove any member or alternate of the Board for cause, after a public hearing before Council.
(Ord. 2023-115. Passed 12-19-23.)
1115.02 ORGANIZATION.
The Board is subject to the following:
(a) Officers and Proceedings. The Board shall, within ten (10) days after appointment, meet and organize by electing a chairman, a vice-chairman and a secretary from their membership. All meetings of the Board shall be held at the call of the chairman, or on the written request to the chairman of two (2) members of the Board, and at such time and places as the chairman may determine. The chairman, or in the chairman’s absence, the vice-chairman, may administer oaths and require the attendance of witnesses. All meetings of the Board shall be open to the public.
(b) Record Keeping. The Board shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent, or failing to vote, indicating such fact, and shall also keep records of its examination and other official actions. The Board may adopt its own rules of procedure. Every order, requirement, decision or determination of the Board shall be filed in the Zoning Office and shall become a public record.
(c) Operations. In the performance of its duties, the Board may incur such expenditures as shall be authorized by Council. Each member of the Board shall serve without compensation.
(d) Quorum. A majority of the members of the Board shall constitute a quorum. No action of said Board shall be official unless such action be taken or authorized by a majority of the membership of the Board.
Example: if only three (3) of the five (5) members are in attendance, then all decisions must be unanimous, such by a vote of 3 - 0.
(Ord. 2023-115. Passed 12-19-23.)
1115.03 JURISDICTION.
(a) Appeals. The Board shall hear appeals from any order, requirement, decision or determination made by the Zoning Administrator. Such appeal shall be taken within such time as shall be prescribed by the Board in its rules, and by filing with the Zoning Office a notice of appeal, specifying the grounds thereof. The Zoning Office shall transmit to the Board all facts constituting the record on which the action of appeal is taken.
(b) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator from whom the appeal is taken certifies to the Board, after the notice of appeal is filed with him/her, that by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such case no stay shall be had, unless a restraining order to that effect shall be issued by the Court of Common Pleas of Hancock County, Ohio, after due notice given to the Zoning Administrator from whom the appeal is taken and for good cause shown.
(c) Set Meeting. The Board shall fix a time for the hearing of an appeal and give not less than seven (7) days’ notice thereof to the parties, in accordance with its rules of procedure, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.
(d) Board Action. The Board may reverse, affirm or modify the order, requirement, decision or determination as in its opinion shall seem just and fair, and to that end, the Board shall have all the powers of the officer from whom the appeal is taken.
(e) Appeal of Board Action. After hearing as provided above, any person adversely affected by any order or decision issued by the Board may appeal from the order of the Board to the Court of Common Pleas as provided pursuant to Chapter 2506 of the Ohio Revised Code. Any party desiring to appeal shall file a notice of appeal with the Board setting forth the order appealed from and the grounds for appeal. A copy of such notice of appeal shall also be filed in the Court of Common Pleas by the party appealing. Such notice of appeal shall be filed within thirty (30) days after the filing of a decision of the Board in the office of the Zoning Administrator. The filing of a notice of appeal in the office of the Board shall stay all proceedings appealed from until the Court of Common Pleas has rendered a decision on the matter.
(Ord. 2023-115. Passed 12-19-23.)
1115.04 VARIANCE.
(a) Applying Standards. The Board may authorize, in specific cases, a variance from the terms of this chapter, except, however, the Board may not grant a use variance.
(b) Public Notice of Meeting.
(1) Notice of applications for variance shall be provided to all abutting property owners and published in a newspaper of general circulation at least fourteen (14) days prior to the date of the meeting at which the variance request will be considered. A second notice is required to be published at least seven (7) days prior to the same meeting. Holidays or other occasions that affect the notification schedule will be noted on the annual application deadline schedule presented at the beginning of each calendar year.
(2) Posting of Sign.
A. The City of Findlay shall post a sign on the subject property at least ten (10) days before the hearing.
B. Upon placing the sign, the staff will take a time stamped photo of the signage to provide proof of placement.
C. The sign shall indicate that the subject property is on the City Board of Appeals agenda and provide a method for citizens to get more information.
D. The City of Findlay shall remove the sign within seven days after the meeting.
(Ord. 2023-115. Passed 12-19-23.)
1115.05 GRANTING OF VARIANCE.
In determining whether to grant a variance, the Board shall consider the following factors:
(a) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(b) Whether the variance is substantial;
(c) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(d) Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage);
(e) Whether the property owner purchased the property with knowledge of the zoning restriction;
(f) Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
(g) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.
(Ord. 2023-115. Passed 12-19-23.)
1115.07 CONDITIONS.
The Board may prescribe appropriate conditions and safeguards as it may determine necessary to protect the value and utility of properties adjoining those involved in variance requests. Failure to adhere to such conditions and safeguards shall be a violation of this Zoning Ordinance. In prescribing conditions, the Board shall, to the greatest extent possible, attach only those conditions which are visible from a building's exterior and are, therefore, enforceable by the Zoning Administrator.
(Ord. 2023-115. Passed 12-19-23.)
1115.08 TIME LIMIT.
When a variance from the strict application of the terms of this Code has been approved by the Board of Zoning Appeals, the Zoning Department may issue a zoning permit. If an applicant fails to secure the zoning permit within sixty (60) days of the decision, such variance shall expire. If it deems a more restrictive time limit to be appropriate, the Board of Zoning Appeals shall have the authority to adjust the permit duration period. City of Findlay Zoning Permits are valid for one (1) year. The duration period can be reduced but not by less than three (3) months. Permit duration can also be increased, but not by more than two (2) years.
(Ord. 2023-115. Passed 12-19-23.)
1115.09 ZONING DISTRICT MAP INTERPRETATION.
The Board shall also interpret the Zoning District Map which constitutes a part of the Zoning Ordinance. In the interpretation of such Zoning District Map, the Board shall consider that district boundaries are intended to follow the center lines of existing streets, highways, alleys or property lines, or extensions of same, or the banks of rivers, streams, creeks and open ditches, half-section or quarter-section lines, unless definite conditions are otherwise indicated on the Zoning District Map.
(Ord. 2023-115. Passed 12-19-23.)