Kelleys Island City Zoning Code
BOARD OF
ZONING APPEALS
§ 152.100 AUTHORITY.
The Board of Zoning Appeals is authorized to act as an administrative board as provided in R.C. § 713.11, and shall have all the powers and duties prescribed by law and by this chapter.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 2000-O-6, passed 1-13-00)
§ 152.101 COMPOSITION AND APPOINTMENT.
The Board of Zoning Appeals shall consist of five members, plus two alternates, who are electors of the village, appointed by the Mayor and approved by the Council, one of whom shall be a member of Council. The term of the Council member shall expire on December 31st of the year in which he or she was appointed. Each other member shall be appointed for a period of four years, except that one of the initial members shall be appointed for two years and one of the initial members shall be appointed for three years. Each alternate shall be appointed for four years, except that one of the initial alternates will be appointed for two years. In the event of death or resignation of a member, the Mayor, with the approval of the Council, shall make the appointment for the duration of the unexpired portion of the term of the member. Alternates will be notified in advance of any hearing where a conflict of interest exists for a regular member that will require that member's position to be declared vacant. In that event, the alternate member will attend the hearing and cast a vote as a regular member of the Board of Zoning Appeals. All such members shall serve without compensation.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 2000-O-6, passed 1-13-00)
§ 152.102 ORGANIZATION.
The Board of Zoning Appeals shall elect a chairperson from its membership, shall appoint a secretary, and shall prescribe rules for the conduct of its affairs.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 2000-O-6, passed 1-13-00)
§ 152.103 QUORUM.
The Board of Zoning Appeals shall require a quorum of three members at all its meetings, and a concurring vote of three members shall be necessary to effect an order or decision.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 2000-O-6, passed 1-13-00)
§ 152.104 MEETINGS.
The Board of Zoning Appeals shall meet at the call of its chairperson or two other members, and at such other regular times as it may, by motion or resolution, determine.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 2000-O-6, passed 1-13-00)
§ 152.105 WITNESSES.
The chairperson, acting chairperson, or the person designated by the chairperson of the Board of Zoning Appeals may administer oaths and compel the attendance of witnesses in all matters coming within the review of this chapter.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 2000-O-6, passed 1-13-00)
§ 152.106 POWERS, DUTIES AND LIMITATIONS.
The Board of Zoning Appeals is granted the power and responsibility to hear and decide the following matters:
(A) The Board of Zoning Appeals shall hear and decide upon all matters relating to the interpretation of the requirements of this chapter. This shall include matters of interpretation of the text of this chapter as well as boundaries of zoning districts as they appear on the zoning map, and except as noted in § 152.042 of this chapter, for cases involving architectural style and general design. The Board of Zoning Appeals shall be mindful of the indicated purposes and intent of all requirements within this chapter when interpreting the requirements of this chapter.
(B) The Board of Zoning Appeals shall hear requests for variances to allow deviation from the strict application of the dimensional requirements within a given zoning district. In no case shall the granting of a variance allow any type of change of use. The Board of Zoning Appeals shall only have the authority to hear and decide upon requests for variances from measurable development requirements such as yard dimensions, height limitations, lot sizes, number of parking spaces required, etc. The Board of Zoning Appeals may only grant such variances when it finds that the following circumstances are true:
Specifically, the standards the Board of Zoning Appeals will apply to an application for an area variance, i.e., seeking relief from the strict letter of area, height, setback and other similar requirements contained in the ordinance, to determine whether there are practical difficulties as follows:
(1) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(2) Whether the variance is substantial;
(3) 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;
(4) Whether the variance would adversely affect the delivery of governmental services (i.e. water, sewer, refuse disposal, etc.);
(5) Whether the property owner purchased the property with the knowledge of the zoning restriction;
(6) Whether the property owner's predicament can be feasibly obviated through some method other than a variance; and
(7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance. (See Duncan v. Middlefield (1986) 23 Ohio St. 3d 83)
(C) After any variance is approved by the BZA, the person who has been granted said variance must act on such variance within nine months and if said variance requires construction, said construction shall commence not more than nine months after said approval or such approval shall be deemed revoked by the BZA.
(D) All persons denied approval on variance requests shall be precluded from reapplying for same or similar variance for a period of not less than three months.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 1994-O-25, passed 11-10-94; Am. Ord. 2000-O-6, passed 1-13-00; Am. Ord. 2005-O-10, passed 4-9-05)
§ 152.107 APPEALS TO THE BOARD OF ZONING APPEALS.
(A) Appeals to the Board of Zoning Appeals may be taken by the applicant, or any other person, firm or corporation, or by any officer, board or department of the village, located within 500 feet of the permitted property, deeming himself, herself, themselves or itself to be adversely affected by the decision of the administrative official pertaining hereto. Appeals should be made no later than 30 calendar days after the date of any adverse decision.
(B) The appellant shall post security in the amount of $150 for the cost of all action required for the hearing of the appeal. This security shall be refunded only if the appeal is withdrawn prior to the mailing of any hearing notices. An exception to this requirement are village boards and commissions which shall be exempt from the posting of security for costs.
(C) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative officer whose decision is appealed from shall certify to the Board of Zoning Appeals after the notice of the appeal has been filed, that by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by the Board of Zoning Appeals or by a court of competent jurisdiction. The Board of Zoning Appeals may reverse or affirm, wholly or in part, or modify the order, requirement, decision or determination as in its opinion ought to be done, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may issue or direct the issuance of a permit or certificate. The Board of Zoning Appeals shall decide all such appeals within 30 days after date of hearing except that such time may be extended by mutual consent.
(Ord. 2000-O-6, passed 1-13-00; Am. Ord. 2000-O-49, passed 9-14-00; Am. Ord. 2006-O-34, passed 11-11-06)
§ 152.108 PROCEDURE.
The Board of Zoning Appeals shall act in accordance with the procedure specified by law including this chapter. All appeals and applications made to the Board of Zoning Appeals shall be in writing and on forms prescribed therefor. Every appeal or application shall refer to the specified provisions of the chapter involved, and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought, or the details of the variance that is applied for and the grounds on which it may be granted. Every application requesting setback variances shall include a survey by a registered surveyor of the situs property or for other types of variances as requested by the Board of Zoning Appeals, at their discretion. Every decision of the Board of Zoning Appeals shall be by resolution, each of which shall contain full record of the findings of the Board of Zoning Appeals by case number under one of another of the following headings: Interpretation, Exceptions, or Variances; together with all documents pertaining thereto. All applications shall include a fee as identified in § 152.107. In the event the Board of Zoning Appeals will find it necessary to draw upon any planning, legal, engineering, or other expert testimony, such fee shall be raised in order to cover all expenses of such expert testimony.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 2000-O-6, passed 1-13-00; Am. Ord. 2006-O-8A, passed 6-8-06)
§ 152.109 NOTICE OF HEARINGS.
(A) When a notice of appeal has been filed in proper form with the Board of Zoning Appeals, the secretary shall within 15 days place the request for appeal upon the calendar for hearing and shall cause notices stating the time, place and object of the hearing to be served personally or by mail addressed to the parties making the request for appeal, at least 14 days prior to the date of the scheduled hearing. All notices shall be sent to addresses given in the last assessment roll, and shall be posted in five places in the village. The Board may recess such hearings from time to time, and, if the time and place of the continued hearing be publicly announced at the time of adjournment, no further notice shall be required.
(B) Not less than 14 days prior to the date set for such hearing on appeal, written notice of such hearing shall be caused by the Board to be given by mail to any person, firm or corporation owning premises located within 500 feet of the land to which such appeal or application relates. All notices shall be sent to the addresses given in the last assessment roll, and shall be posted in five posting places in the village.
(Ord. 1993-O-2, passed 3-13-93; Am. Ord. 2000-O-6, passed 1-13-00)
§ 152.110 APPEALS FROM THE BOARD OF ZONING APPEALS.
Decisions of the Board of Zoning Appeals are considered an administrative action and may be appealed, within 30 days after receipt of the written decision of the board, to the Court of Common Pleas pursuant to R.C. § 2505.07. The Council, or any other officer, board, or department of the village may appeal any decision of the Board of Zoning Appeals if the village deems it may be adversely affected by the decision of the Board of Zoning Appeals. An appeal to the Court of Common Pleas shall stay all proceedings in furtherance of the action appealed from, unless the administrative officer whose decision is appealed from shall certify to the Court of Common Pleas after the notice of the appeal has been filed, that by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by the Court of Common Pleas.
(Ord. 2000-O-6, passed 1-13-00; Am. Ord. 2000-O-49, passed 9-14-00)