Zoneomics Logo
search icon

Loudonville City Zoning Code

CHAPTER 1244

Board of Zoning Appeals

1244.01 ESTABLISHMENT AND COMPOSITION.

   There is hereby established a Board of Zoning Appeals which shall consist of five members appointed by the Mayor and approved by the Village Council. The Mayor shall choose and appoint a successor to fill any vacancy. If the Mayor fails to fill such vacancy within thirty days, Village Council may fill such vacancy by motion of Council. The five members 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. Vacancies shall be filled by the Mayor or Council and shall be for the respective unexpired terms. The members of the Board may receive such compensation as the Council provides. The Planning Commission may serve as the Board of Zoning Appeals if so designated by the Mayor and approved by Council.
(Ord. 19-83. Passed 4-4-83; Ord. 72-94. Passed 12-19-94; Ord. 75-96. Passed 11-18-96.)

1244.02 ORGANIZATION; RULES.

   The Board of Zoning Appeals shall elect a Chairperson and a Vice-Chairperson from its membership, shall appoint a Secretary, and shall prescribe rules for the conduct of its affairs.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)

1244.03 QUORUM.

   The Board of Zoning Appeals shall require a quorum of three members at all of its meetings, and the concurring vote of three members shall be necessary to effect any order.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)

1244.04 WITNESSES.

   The Board of Zoning Appeals Chairperson may administer oaths and compel the attendance of witnesses in any matter coming within the review of this Zoning Code.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)

1244.05 POWERS AND DUTIES.

   (a)    Appeals. The Board of Zoning Appeals shall hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by the Zoning Inspector in the enforcement of this Zoning Code.
   There shall be a fee of five dollars ($5.00) for any appeal of actions by the Zoning Inspector. If such appeal is won by the applicant, the fee for the required zoning permit which must be obtained after winning any appeal shall be waived, and the zoning permit shall be issued by the Zoning Inspector.
   Appeals to the Board of Zoning Appeals may be taken by any person, firm or corporation, or by any officer or board of the Village, deeming himself, herself or itself to be adversely affected by a decision of the Zoning Inspector respecting the interpretation of this Zoning Code. Appeals shall be made no later than thirty calendar days after the date of the grievance.
   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector whose decision is appealed from shall certify to the Board of Zoning Appeals, after the notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would, in his or her 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 having lawful jurisdiction.
   The Board of Zoning Appeals shall make a decision on the appeals within ten days after the public hearing, unless additional time is necessary because of unusual circumstances. At the hearing any party may appear in person or by attorney.
   (b)    Variances. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Zoning Code, the Board of Appeals shall have the power in passing an appeal to vary or modify any of the provisions of this Zoning Code, except granting uses or structures which are not permitted or conditionally permitted in the district in question, so that the spirit of this Zoning Code shall be observed, public safety secured, and substantial justice done.
   In every instance of granting a variance by the Board of Zoning Appeals, there must be a showing by the Board that one of the following applies:
      (1)    The strict application of the provisions of this Zoning Code would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and the intent of this Zoning Code.
      (2)    There are exceptional or extraordinary circumstances or conditions applying to the property that do not apply generally to other properties or uses in the same zoning district or neighborhood.
      (3)    The granting of such variance will not be substantial detriment to the public interest or to the property or improvements in the district in which the variance is sought, and will not materially impair the purpose or intent of this Zoning Code.
   In addition, the Board of Zoning Appeals may permit such modification of the yard or lot area or width regulation as may be necessary to secure the appropriate improvement or a parcel of land that is too small to be appropriately improved without such modification, provided the parcel was separately owned at the time of passage of this Zoning Code or is adjacent to buildings that do not conform to the general restrictions applicable to their location.
   In granting a variance, the Board of Zoning Appeals may impose such conditions as it may deem necessary to protect the public health, safety, or welfare and to further the purpose and intent of this Zoning Code. These conditions shall be made a part of and attached to the required zoning permit.
   The fee for a variance shall be twenty dollars ($20.00), which shall be paid at the time of application. The fee for the zoning permit which must be obtained after approval of any variance shall be waived, and the zoning permit issued by the Zoning Inspector.
   (c)    Conditional Uses. The Board of Zoning Appeals shall hear and determine all conditional uses that are specifically listed within the various districts. Conditional uses, although often desirable, will more intensely affect the surrounding area in which they are located than the permitted uses of such districts. Since this is the case the Board of Zoning Appeals shall approve an application for a conditional use only when the following conditions are met:
      (1)    The conditional use is specifically listed or interpreted as listed in the district in question.
      (2)    The conditional use is in general accord with any adopted Village plans.
      (3)    The proposed development will be in keeping with the existing land use character and physical development potential of the area and will not have undesirable effects on the surrounding area.
   In granting a conditional use the Board of Zoning Appeals may impose such conditions as it may deem necessary to protect the public health, safety, or welfare and to further the purpose and intent of this Zoning Code.
   The fee for a conditional use shall be twenty dollars ($20.00), which shall be paid at the time of application. The fee for the zoning permit which must be obtained after approval of any conditional use shall be waived, and the zoning permit issued by the Zoning Inspector.
   (d)    Exceptions. The Board of Zoning Appeals shall have the authority to grant exceptions. An exception is a use permitted only after review of an application by the Board of Zoning Appeals, such review being necessary because the provisions of this Zoning Code covering conditions, precedent or subsequent, are not precise enough or are too general to cover all applications without interpretation of the Board of Zoning Appeals. In granting an exception, the Board may impose such conditions as it may deem necessary to protect the public health, safety, or welfare and to further the purpose and intent of this Zoning Code. The Board shall not, however, have the right to change the intent of this Zoning Code by permitting any use that cannot be reasonably interpreted as intended in the district in question.
   The fee for an exception shall be twenty dollars ($20.00), which shall be paid at the time of application. The fee for the zoning permit which must be obtained after approval of any exception shall be waived, and the zoning permit issued by the Zoning Inspector.
   (e)    Interpretation of Zoning Map. 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 Map, the Board, after notice to the owners of the property, shall interpret the Map in such a way as to carry out the intent and purpose of this Zoning Code. No fee shall be charged for an interpretation of the Zoning Map.
   (f)    Nonconforming Uses. The Board shall have the power to permit changes and extensions of nonconforming uses as follows:
      (1)    A nonconforming use of a less objectionable nature may be substituted for an existing nonconforming use.
      (2)    An existing, legal nonconforming use which occupies only a portion of an existing structure or premises may be extended throughout such structure or premises.
      (3)    The alteration or reconstruction of a nonconforming use or building may be permitted, provided that such will make the nonconforming use substantially more in character with its surroundings.
      (4)    The extension of a nonconforming use may be permitted when such extension will substantially make the nonconforming use more in character with its surroundings. Such extensions shall not be greater than fifty percent of the size of the nonconforming use that existed at the time of passage of this Zoning Code.
   The Board may impose such requirements and conditions as it may deem necessary for the protection of adjacent properties and the public interests. The fee for a nonconforming use change shall be twenty dollars ($20.00), which shall be paid at the time of application. The fee for the zoning permit which must be obtained after approval of any nonconforming use change shall be waived, and the zoning permit issued by the Zoning Inspector.
   (g)    Temporary Uses. The temporary use of a building or premises, such as a house trailer or construction office, in any district for a purpose or use that does not conform to the regulations prescribed by this Zoning Code for the district in which it is located, may be granted when determined justifiable by the Board of Zoning Appeals. Portable toilets for construction and other such small structures shall not require a temporary use approval by the board.
   Such temporary 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.
   The fee for a temporary use shall be twenty dollars ($20.00), which shall be paid at the time of application. The fee for the zoning permit which must be obtained after approval of any temporary use shall be waived, and the zoning permit issued by the Zoning Inspector.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)

1244.06 PROCEDURE FOR ACTIONS.

   (a)    The Board of Zoning Appeals shall act according to the procedure specified by law, including this Zoning Code.
   (b)    The Board shall keep minutes of its proceedings showing the vote for each member on all questions, or if absent or failing to vote, indicating such fact.
   (c)    All applications for appeals, variances, conditional uses, exceptions, nonconforming uses, and temporary uses shall be made to the Board of Zoning Appeals in writing and on any forms prescribed therefor. All applications shall set forth the reason the appeal, variance, conditional use, exception, nonconforming use, or temporary use should be granted.
   (d)    Every decision of the Board shall be by resolution, each of which shall contain a full record of the findings of the Board of Zoning Appeals, together with all documents pertaining thereto, and shall be a public record.
   (e)    Fees, as prescribed in this Zoning Code, shall be paid in full prior to any action by the Board of Zoning Appeals.
   (f)   In the event that the Board of Zoning Appeals will find it necessary to draw upon any planning, legal, engineering, or any other expert testimony, such services and the fees therefor may be required of the applicant as a part of the application.
   (g)    No action shall be taken on any request for any appeal, variance, conditional use, exception, or nonconforming use, prior to a public hearing.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)

1244.07 NOTICE OF HEARINGS.

   (a)    When a notice of appeal, variance, conditional use, exception, or nonconforming use has been filed in proper form with the Board of Zoning Appeals, the Secretary or other designated person shall immediately place the request for the same upon the calendar for hearing, and shall state on the notices the time, place and object of the hearing, which notices shall be served personally or by mail, addressed to the parties making the request, at least five days prior to the date of the scheduled hearing. Public hearings are not required, but may be held if determined necessary by the Board, for temporary uses and interpretations of the Zoning Map.
   (b)    Written notice of such hearings shall also be given by mail or served personally to the owners of property within and contiguous to and directly across the street from the land to which such appeal, variance, conditional use, exception, nonconforming use, temporary use, or interpretation of the Zoning Map is related.
   (c)    All notices shall be sent to addresses given on the last tax assessment roll or other legally designated address list.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
 
   (d)    Such hearing shall be advertised by at least one publication on the Village of Loudonville web site and social media account(s) (if any) at least ten days before the date of such hearing.
(Ord. 44-2023. Passed 12-18-23.)
 
   (e)    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.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
 

1244.08 NON-PROFIT ORGANIZATIONS.

   Any organization found to be a non-profit organization under Section 501(c)(3) of the United States Internal Revenue Code as amended from time to time, shall be exempt from all fees set forth in this chapter. Determination of non-profit status shall be made by the Board of Zoning Appeals. For the purposes of this section, a Determination Letter from the Internal Revenue Service shall be sufficient evidence of non-profit status. In the case of churches or other organizations qualifying as a non-profit organization under Section 501(c)(3), but which do not have a Determination Letter, non-profit status will be determined by the Board of Zoning Appeals based on the facts and circumstances. (Ord. 38-2006. Passed 8-21-06.)