There is hereby established a Board of Zoning Appeals, which shall consist of five electors appointed by Council. The five electors first appointed shall serve for terms of one, two, three, four and five years, respectively. Thereafter, appointments shall be for five-year terms, beginning January 1. Each member shall serve until his or her successor is appointed and qualified. Vacancies shall be filled by Council and shall be for the respective unexpired term. Members of the Board of Zoning Appeals may receive such compensation as Council provides.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   Hearings of the Board of Zoning Appeals shall be public. However, the Board may go into executive session for discussion but not for vote on any case before it. The Board shall organize annually and elect a President, Vice-President and Secretary. The Board shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Code. The Board shall hear any owner of property adjacent to the lot for which the granting of any zoning permit is pending and shall also hear any other parties having substantial interest as determined by the Board.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   The Board of Zoning Appeals 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 Clerk and shall be a public record.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   The Board of Zoning Appeals shall have the power to subpoena witnesses, administer oaths and punish for contempt, and may require the production of documents under regulations as it may establish.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   The Board of Zoning Appeals may call upon the various officials and employees of the Municipality for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

      (1)   An appeal to the Board may be taken by any person aggrieved or by an officer of the Municipality affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty days after the decision by filing with the Zoning Inspector and with the Board of Zoning Appeals a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed was taken.

      (2)   An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Inspector shall certify to the Board of Zoning Appeals after the notice of appeal shall have been filed with it, that by reason of facts stated in the certificate, a stay would, in his/her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of equity after notice to the officer from whom the appeal is taken and on due cause shown.

      (1)   The Board of Zoning Appeals shall fix a reasonable time for the hearing of an appeal, give at least ten days public notice thereof in a newspaper of general circulation in the Municipality and at least ten days notice to parties having proprietary interest in land within 200 feet and decide upon the appeal within a reasonable time after it is submitted. At this hearing any party may appear in person or by an attorney.

      (2)   The hearings of the Board of Zoning Appeals shall be public. However, the Board of Zoning Appeals may go into executive session for discussion but not vote on any case before it.

      (3)   Upon the day for hearing any application or appeal, the Board of Zoning Appeals may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in such application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing unless the Board so decides.

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

      (2)   A certified copy of the Board’s decision shall be transmitted to all parties in interest. Such decision shall be binding upon the Zoning Inspector and observed by him or her, and he or she shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.

      (3)   A decision of the Board shall not become final until the expiration of five days from the date such decision is made, unless the Board shall find the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.

      (4)   The Board may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all powers of the Zoning Inspector from whom the appeal is taken.

      (5)   Any aggrieved party may appeal a decision made by the Zoning Board to Village Council by filing a written notice of appeal to Council within seven days of the date of the Zoning Board’s final written decision. Council shall follow same procedure guidelines as written in subsections (b) through (d) hereof. Any party adversely affected by a decision of Village Council may appeal to the County Court of Common Pleas on the grounds that the decision was unreasonable or unlawful.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

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

   (a)   It shall be the Board’s duty to hear and decide appeals where it is alleged that there is error of law in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of this Zoning Code, or any amendments thereto.

   (b)   In hearing and deciding appeals, the Board shall have the power to:

      (1)   Permit the extension of a district where the boundary line of a district divides a lot or tract held in a single ownership at the time of the passage of this Zoning Code.

      (2)   Interpret provisions of this Zoning Code in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning District Map fixing the several districts, accompanying and made a part of this Zoning Code by reference, where the street layout actually on the ground varies from the street layout as shown on the Map aforesaid.

      (3)   Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or the public enemy to the extent of more than sixty percent of its fair market value when the Board finds some compelling necessity requiring a continuance of the nonconforming use, and the primary purpose of continuing the nonconforming use is not to continue a monopoly.

      (4)   Permit the modification of automobile parking space or loading space requirements when, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements, or permit the waiver of the requirement that automobile parking space shall be provided on the same lot with a dwelling, if other suitable and convenient parking space is available within or without a building, or permit the dual use of parking facilities (i.e. businesses and other permitted activities), provided that there is no overlapping of use and provided that the parking space requirements for each building or use are complied with during each period.

      (5)   Permit in “R” Districts public parking areas or storage garages adjacent to any existing or proposed use in districts permitting multiple dwellings and in Business and Industrial Districts.

      (6)   Determine whether an industry should be permitted within the M-1 or M-2 Industrial District because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts.

      (7)   Permit the substitution of a nonconforming use existing at the time of enactment of this Zoning Code with another nonconforming use if no structural alterations, except those required by law or ordinance, are made, provided, however, that in an “R” District, no change shall be authorized by the Board to any use which is not a permitted or conditional use in any “R” District, and in a “B” District, no change shall be authorized to any use which is not a permitted or conditional use in any “B” District.

      (8)   Permit the temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this Zoning Code for the district in which it is located provided that such use is of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use shall be granted in the form of a temporary and revocable permit for not more than a twelve-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   (a)   The Board of Zoning Appeals and Village Council shall have the power to hear and decide appeals and authorize such variances from the provisions or requirements of this Zoning Code as will not be contrary to the public interest. In authorizing a variance, the Board may attach conditions and require guarantee or bond as it may deem necessary to ensure compliance with the objectives of this Zoning Code. On appeal where there is unnecessary hardship, the Board may grant a variance in the application of the provisions of this Zoning Code only if all of the following findings are made:

      (1)   That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of this Zoning Code in the neighborhood or district in which the property is located.

      (2)   That because of such physical circumstances or conditions there is no possibility that the property can be developed in strict conformity with the provisions of this Zoning Code and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

      (3)   That such unnecessary hardship has not been created by the appellant.

      (4)   That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development of adjacent property or be detrimental to the public welfare.

      (5)   That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

   (b)   The Board of Zoning Appeals or Village Council or the governing appellate review board/body determines that granting a variance would serve the best interest of the Village.

   (c)   The Board of Zoning Appeals and Village Council shall have the authority to grant an extension or permit completion of a building devoted to a nonconforming use upon a lot occupied by such building, or on a lot adjoining, provided that such lot was under the same ownership as the lot in question on the date such building became nonconforming and provided that such extension is necessary and incidental to the existing use of such building, provided, however, that the floor areas of such extension shall not exceed, in all, 100 percent of the floor area of the existing building or buildings devoted to a nonconforming use, and provided, further, that such extension or extensions shall be undertaken within five years of the date when the use of such building became nonconforming.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   (a)   Under the authorization granted in Ohio R.C. Chapter 713 to hear and decide special exceptions to the terms of this Zoning Code, the Board shall have the power to decide applications for conditional uses in those cases specified in Chapter 1170. In considering such application, the Board shall give due regard to the nature and condition of all adjacent uses and structures and may impose such requirements and conditions as the Board may deem necessary for the protection of adjacent properties and the public interest, including specific limitations as to future expansion.

   (b)   The following basic standards shall apply to conditional uses in any “S” or “R” District:

      (1)   The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout, and its relation to streets giving access to it, shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection with it will not be hazardous, inconvenient or conflict with the normal traffic on residential streets, both at the time and as the same may be expected to increase with any prospective increase in the population of the area, taking into account convenient routes of pedestrian traffic, particularly of children, the relation of the use to main traffic thoroughfares and to street intersections and the general character and intensity of development of the area.

      (2)   The location and height of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

   (c)   The following basic standards shall apply to conditional uses in any “B” or “M” District:

      (1)   The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout, and its relation to streets giving access to it, shall be such that vehicular traffic to and from the use will not be more hazardous than the normal traffic of the district, both at the time and as the same may be expected to increase with increasing development of the Municipality, taking into account vehicular turning movements in relation to routes of traffic flow, street intersections, sight distances and pedestrian traffic.

      (2)   The nature, location, size and site layout of the use shall be such that it will be a harmonious part of the “B” or “M” District in which it is situated, taking into account prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationships of one type of use to another and characteristic groupings of uses in a “B” or “M” District.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)

   (a)   The Board of Zoning Appeals shall have the power to authorize the issuance of a zoning certificate for a use that is subject to performance requirements as set forth in this Zoning Code.

   (b)   The application for a zoning certificate for a use subject to performance requirements shall be accompanied by a plan of the proposed construction or development, a description of the proposed machinery, processes and products, and specifications for the mechanisms and techniques to be used in meeting the performance requirements.

   (c)   The Board may refer the application to one or more expert consultants qualified to advise as to whether a proposed use will conform to the performance requirements. The costs of such services shall be borne by the applicant, and a copy of any reports shall be furnished to the applicant.

(Ord. 1905. Passed 12-13-11.)

   Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the Zoning District Map, the Board of Zoning Appeals, after notice to the owners of the property and after public hearing, shall interpret the Map in such a way as to carry out the intent and purpose of this Zoning Code. In case of any questions as to the location of any boundary line between zoning districts, a request for interpretation of the Zoning District Map may be made to the Board, and a determination shall be made by such Board.

(Ord. 1466. Passed 4-11-94; Am. Ord. 1905. Passed 12-13-11.)