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Lancaster City Zoning Code

CHAPTER 1157

Board of Zoning Appeals

1157.01 ESTABLISHMENT OF THE BOARD OF ZONING APPEALS.

   (a)   In accordance with Section 713.11, a Board of Zoning Appeals of the City of Lancaster is hereby established with the powers and duties set forth by this Ordinance. The Board of Zoning Appeals shall consist of five (5) members, who shall be nominated by the Mayor and confirmed by the City Council, and shall serve for a term of three years. Initial appointments will be as follows: two (2) members serving for three (3) years; two (2) members serving for two (2) years; and one (1) member serving for one year. Thereafter all full-term appointments shall be for three (3) years.
   (b)   Vacancies shall be filled for an unexpired term of any member in the manner set forth for appointments to a full term. A Board member may be removed for cause, by the appointing authority after notice, written charges, and public hearing. The Board shall organize, elect its chairman, and appoint a secretary and adopt rules necessary to the conduct of its affairs.
(Ord. 15-23. Passed 8-14-23.)

1157.02 POWERS OF THE BOARD.

   The Board of Zoning Appeals shall have the following duties and responsibilities:
   (a)   Hear appeals, upon application of an aggrieved person, of the City Planner or designee's issuance or denial of a Zoning Clearance Permit, interpretation of this Ordinance, or other administrative action taken by the City Planner or designee, in accordance with this Ordinance.
   (b)   Hear and take action on any application filed for a variance or from the regulations in this Ordinance.
   (c)   Hear and take action on any application filed for a special exception permit in accordance with this Ordinance.
   (d)   Hear and take action on requests regarding the continuance, expansion or extension of non-conforming uses in accordance with the provisions of this Ordinance.
   (e)   Authorize the operation of a similar use in accordance with the provisions of this Ordinance.
   (f)   Make interpretations of the Zoning map and text.
   (g)   Such other official actions authorized by this Ordinance or Ohio Revised Code that are not herein specified.
      (Ord. 15-23. Passed 8-14-23.)

1157.03 PROCEEDINGS OF THE BOARD.

   Meetings shall be held monthly at the call of the Chairman, and at such other times as the Board may determine. The Chairman, or in his absence, the acting Chairman, may administer oaths and compel attendance of witnesses. A quorum shall consist of three members of the Board. A minimum of three affirmative votes shall be required to pass a measure. All meetings and voting of the Board shall be open to the public. 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 immediately filed in the office of the Board and shall be a public record. In all matters, the Board shall decide at the conclusion of the hearing on the application for relief. The notice, filing, and substantive requirements of the Board shall be set forth in the following sections concerning the Board's exercise of a particular power.
(Ord. 15-23. Passed 8-14-23.)
 

1157.04 CONFLICT OF INTEREST.

   In the event a member of the Board of Zoning Appeals finds himself or herself in a "conflict of interest" with regard to any matter coming before the Board, said member shall at the beginning of the proceeding declare that a conflict exists and refrain from participating in the hearing and in voting on the issue. If a member of the Board does not declare a conflict, and the petitioner or other Board members perceive that a conflict exists, they may request that the Board member be excluded from the hearing process. If the Board member declines to step down, the matter will be heard by the Board prior to undertaking the scheduled hearing, and the Board by majority vote will determine whether a conflict exists. If the Board finds a conflict to exist, the Board member in conflict will be prohibited from participating in the hearing and voting on the petition. (Ord. 15-23. Passed 8-14-23.)

1157.05 APPLICATION AND PROCEDURES VARIANCES.

   (a)   The Board of Zoning Appeals, upon application, and after hearing and subject to the procedural and substantive standards set forth herein, may grant variances from the terms of this Code. Variances are distinguished as either "use" variances or "area" variances. A "use" variance is an application for a deviation from the permitted uses in a Zoning District as opposed to a variance from a Zoning restriction on setbacks, bulk, height, etc. An "area" variance is an application for a deviation from the Zoning restrictions on setbacks, bulk, height, etc. in a Zoning District.
   (b)   An application an appeal or variance shall include the following information:
      (1)   Seven (7) copies and one (1) digital pdf copy of an application form provided by the City that includes:
         A.   The name, address, phone number and email address of the applicant and property owner(s).
         B.   The address and parcel number of the property in question.
         C.   The Section of the Code from which the variance being sought or the action that is being appealed.
         D.   The existing Zoning District in which this property is located.
      (2)   A copy of the denied Zoning Clearance Permit or a copy of such other action taken under this Ordinance that is being appealed.
      (3)   If the applicant is not the owner of the property, a signed letter from the property owner shall be submitted authorizing the applicant to serve as their agent for the application.
      (4)   A legal description of the subject property.
      (5)   A plot plan drawn to an appropriate scale, as determined by the City Planner or designee, showing at a minimum the following information:
         A.   The entire lot(s) subject to the application request.
         B.   All adjacent rights-of-way.
         C.   The location and height of all existing and proposed buildings and structures with a notation of the setbacks of each from all property lines and rights-of-way.
         D.   All parking lots, driveway or other vehicular use areas.
         E.   All existing and proposed signs.
         F.   Proposed landscaping.
         G.   Distances to any residential District if less than one thousand (1,000) feet from the lot(s).
         H.   The existing use of the lots on all adjacent lands.
         I.   Building elevations, if determined necessary by the City Planner or designee to better understand potential impacts on adjacent properties.
      (6)   The names and addresses of all property owners within one hundred (100) feet of the subject property as appearing on the County Auditor's current tax list.
      (7)   A narrative statement explaining the following:
         A.   A description of the existing and proposed uses
         B.   The nature and magnitude of the variance request.
         C.   A response as to how the proposed variance satisfies each of the decision criteria listed in Section 1157.05 (g).
      (8)   The applicable fee as listed in the separate fee schedule adopted by City Council.
   (c)   Public Hearing. The Board of Zoning Appeals shall hold a public hearing within thirty (30) days after the receipt of a completed application for a variance or appeal. The Board may recess such hearings from time to time, and if the time and place of the continued hearing is publicly announced at the time of adjournment, no further public notice shall be required. Any person with interest may appear and testify at the public hearing in person or by attorney.
   (d)   Notice of the public hearing shall be placed in one (1) or more newspapers of general circulation in the City at least ten (10) days before the day of said hearing. The notice shall set forth the date, time and place of the public hearing, and the nature of the proposed appeal or variance.
   (e)   At least ten (10) days before the public hearing, notices shall also be sent by first class mail to all parties of interest. Parties of interest shall include at a minimum, owners of property within one hundred (100) feet from, contiguous to, and directly across the street from the property being considered. The notice shall contain the same information as required for the notice published in the newspaper as specified in Section 1157.05( d). Failure of delivery of such notice shall not invalidate the findings of the Board.
   (f)   Criteria for Approving a Use Variance. The Board of Zoning Appeals may grant a use variance only upon a finding by clear and convincing evidence of an "unnecessary hardship". The factors to be considered and weighed by the Board in determining whether and unnecessary hardship exists include, but are not limited to, the following:
      (1)   Whether the requested use variance stems from a condition which is unique to the property at issue and not ordinarily found in the same zone or District;
      (2)   Whether the claimed hardship was created by actions of the applicant;
      (3)   Whether granting the variance will adversely affect the rights of adjacent property owners;
      (4)   Whether granting the variance will adversely affect the public health, safety or general welfare;
      (5)   Whether the variance will be consistent with the general spirit and intent of the Zoning Code;
      (6)   Whether the variance sought is the minimum which will afford relief to the applicant; and
      (7)   Whether there is an economically viable use of the property which is permitted in the Zoning District
      
   (g)   Criteria for Approving an Area Variance. The Board of Zoning Appeals may grant an area variance upon a finding by clear and convincing evidence of "practical difficulty" in meeting Code requirements. The factors to be considered and weighed by the Board in determining whether a property owner has encountered practical difficulties include, but are not limited to, the following:
      (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 substantial detriment as a result of the variance;
      (4)   Whether the variance would adversely affect the delivery of governmental services, for example, water, sewer, garbage, etc.;
      (5)   Whether the property owner purchased the property with knowledge of the Zoning restriction;
      (6)   Whether the property owner's practical difficulty can be eliminated through some method other than a variance, and;
      (7)   Whether the spirit and intent behind the Zoning requirement can be observed and substantial justice can be done by granting a variance.
   (h)   Burden of Proof. The burden of proof is on the applicant to present reliable, probative, and substantial testimony and evidence that supports the request for a variance.
   (i)   Action by Board. Within thirty (30) days of the conclusion of the public hearing, the Board of Zoning Appeals shall either: approve, approve with supplementary conditions, or disapprove the request for a variance. The Board of Zoning Appeals must provide consideration of the requirements listed in Sections 1157.05( f) or 1157.05 (g) as applicable when making its decision. Its decision shall be accompanied by written findings of fact specifying the reasons for the decision reached. If the application is approved or approved with supplementary conditions, the Board of Zoning Appeals shall make a finding that the reasons set forth in the application justifying the granting of the variance that will make possible a reasonable use of the land, building, or structure.
   (j)   Supplemental Conditions. The Board of Zoning Appeals may prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the variance applies will be met. Any violation of such conditions and safeguards, when they have been made a part of the terms under which the Variance has been granted, shall be deemed a punishable violation under this Zoning Code.
   (k)   Time Limitation on Variances. A variance that has been granted, but which has not been utilized within twenty-four (24) months from date of mailing the order granting the variance shall thereafter be void, provided that the Board has not extended the time for utilization. For the purpose of this provision, utilization shall mean actual use or the issuance of a building permit, when applicable, provided construction is diligently carried to completion.
   (l)   Reapplication. No application for a variance that is substantially similar to an application that has been disapproved or granted, wholly or in part, shall be submitted for one year after the decision of the Board of Zoning Appeals. The City Planner or designee shall consider factors such as the nature or size of a proposal, changes in the development of traffic pattern in the area, or newly discovered evidence pertinent to a decision on a previous application.
(Ord. 15-23. Passed 8-14-23.)

1157.06 APPLICATION FOR SPECIAL EXCEPTION.

   (a)   Any person who owns or has interest in a lot subject to the special exception requirements, may file an application to use such property for special exceptions provided for by this Ordinance in the District in which the property is situated. Seven (7) copies and one (1) digital pdf of an application for a special exception shall be filed with the City Planner or designee, who shall forward a copy to the members of the Board of Zoning Appeals. The application shall contain the following information:
      (1)   All of the information required for a Zoning Clearance Permit pursuant to Section 1155.03 .
      (2)   A plan of the proposed site for the special exception use showing the location of all buildings, parking and loading areas, traffic circulation, open spaces, landscaping, trash disposal and service areas, utilities, signs, setbacks, and other information that the Board may require to determine if the proposed special exception meets the intent and requirements of this Ordinance.
      (3)   A narrative statement evaluating the effects on the adjoining property, and a discussion of the general compatibility with adjacent and other properties in the District.
      (4)   The names and addresses of all property owners within one hundred (100) feet, contiguous to and directly across the street from the property, as appearing on the County Auditor's current tax list.
      (5)   The applicable review fee as listed in the separate fee schedule adopted by City Council.
      (6)   Such other information regarding the property, proposed use, or surrounding areas as may be pertinent to the deliberations of the Board of Zoning Appeals.
   (b)   Board of Zoning Appeals Action. The Board of Zoning Appeals shall hold a public hearing and provide notification of such hearing using the same procedure and notification requirements as Section 1157.05 (c) and (d). The Board shall take action within thirty (30) days from date of the hearing, unless the applicant and the Board mutually agree to waive this requirement. In order for a special exception to be granted, it must be determined by at least three (3) members that said special exception is in harmony with the spirit and intent of the Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Provided that the Board in granting the special exception shall have the authority to prescribe appropriate conditions and safeguards, may limit the grant of the special exception to a specified period of time, and may require such evidence and guarantee or bond as it may deem necessary to enforce compliance with the conditions attached.
   (c)   Time Limitation on Special Exceptions. A special exception which has not been utilized within twenty-four (24) months from date of the order granting same shall thereafter be void, provided that the Board has not extended the time for utilization. For the purposes of this provision, utilization shall mean actual use or the issuance of a building permit, when applicable, provided construction is diligently carried to completion.
   (d)   If the application is approved with supplementary conditions, the Board of Zoning Appeals shall direct the City Planner or designee to issue a Zoning Clearance Permit listing the specific conditions listed by the Board of Zoning Appeals for approval.
   (e)   If no action is taken by the Board of Zoning Appeals within the timeframe specified in this Section, the application shall be considered approved.
(Ord. 15-23. Passed 8-14-23.)

1157.07 APPEALS FROM AN ADMINISTRATIVE OFFICIAL.

   (a)   General. An appeal to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer, department, board or bureaus of the city affected, where it is alleged, there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Code.
   (b)   Notice of Appeal. An appeal be made by filing an Application for Appeal within thirty (30) days from action by the City Planner or designee or by any other officer, department, board acting under the authority of this Zoning Ordinance. The application for an appeal shall include the same information for a variance application in Section 1157.05 (b). Upon the receipt of the Application for Appeal, the City Planner or designee, shall forthwith transmit to the Clerk of the Board of Zoning Appeals, certified copies of all the papers constituting the record of said matter. Upon receipt of the record, the Clerk of the Board of Zoning Appeals shall set the matter for public hearing within thirty (30) days of the filing of the filing of the application for an appeal. Notice of said hearing shall follow the same requirements in Section 1157.05 (d).
   (c)   Board of Zoning Appeals Action. At the conclusion of the public hearing the Board may 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 officer from whom the appeal is taken. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision, or determination of an administrative official enforcing this Code.
   (d)   Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the Board of Zoning Appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property. In such a case, proceedings shall not be stayed other than by a restraining order granted by the Board on due and sufficient cause shown.
(Ord. 15-23. Passed 8-14-23.)

1157.08 FEES

   An application for an appeal from an administrative official enforcing this Code, or any variance or special exception shall be accompanied by the payment of a fee in accordance with the schedule of fees adopted by resolution of City Council of the City of Lancaster. Additionally, the applicant shall pay a fee to cover the costs of publishing notice. Same comment as above.
(Ord. 15-23. Passed 8-14-23.)

1157.09 INTERPRETATION.

   (a)   The Board shall interpret the text of this Code or the Official Zoning Map upon an appeal from a determination of an administrative official after compliance with the procedural standards of Section 1157.10( a).
   (b)   Where a question arises as to the Zoning District classification of a particular use, the Board of Zoning Appeals, upon written request of an administrative official may find and determine the classification of the use in question and may, prior to such determination, order the giving of notice and hold a public hearing. Such public hearing shall be held within thirty (30) days of the date of request from the administrative official. At the conclusion of the public hearing, the Board shall rule upon the question. Costs of publication shall be borne by the City.
(Ord. 15-23. Passed 8-14-23.)
1157.10 APPEALS TO THE COMMON PLEAS COURT.
   (a)   Procedure. An appeal from any action, decision, ruling, judgment, or order of the Board of Zoning Appeals may be taken by any person or persons aggrieved, or any taxpayer or any officer, department, board or bureau of the City to the Common Pleas Court of Fairfield County by filing with the City Clerk and with the Clerk of the Board within thirty (30) days from the date of such action, a notice of appeal, which notice shall specify the grounds of such appeal. No bond or deposit for costs shall be required for such appeal. Upon filing of the notice of appeal, the Board shall forthwith transmit to the Court Clerk of the County, the original or certified copies of all the papers constituting the record in the case, together with the order, decision or ruling of the Board. Said case shall be heard and tried de novo in the Common Pleas Court of Fairfield County, Ohio. An appeal shall be from the action of the Common Pleas Court as in all other civil actions. Costs shall not be allowed against the Board unless it shall appear to the Court that it acted with gross negligence or in bad faith, or with malice in making the decision appealed from.
   (b)   Stay of Proceedings. An appeal to the Common Pleas Court stays all proceedings in furtherance of the action appealed from unless the Chairman of the Board certifies to the Court Clerk, after notice of appeal shall have been filed, that by reason of facts stated in the certificate, a stay would cause imminent peril of life or property. In such case, proceedings shall not be stayed other than by a restraining order granted by the Common Pleas Court.
(Ord. 15-23. Passed 8-14-23.)

1157.11 COMPENSATION.

   Compensation for members of the Board of Zoning Appeals shall be established by separate ordinance adopted by Council and may be amended from time to time.
(Ord. 15-23. Passed 8-14-23.)