Lyndhurst City Zoning Code
CHAPTER 1154
Board of Zoning Appeals
1154.01 ESTABLISHMENT; FUNCTIONS; INTENT.
The Board of Zoning Appeals is hereby established to consider appeals from rulings made by City officials who administer this Zoning Code and to review requests for variances from the requirements of this Zoning Code. The Board shall have the powers and shall perform the duties prescribed in this Zoning Code and shall establish such rules and regulations as it determines to be necessary for the hearing of appeals and the granting of variances. The word "Board", when used in this Zoning Code, shall be construed to mean the Board of Zoning Appeals.
(Ord. 96-61. Passed 4-21-97.)
1154.02 ORGANIZATION.
(a) The Board shall consist of five citizens of the City appointed by the Mayor and confirmed by Council. At least three members of the Board shall be duly registered architects or engineers, registered by the State. Appointments shall be made for a period of three years commencing with the expiration of existing terms.
Members of the Board of Zoning Appeals who are architects may serve as members of the Architectural Board of Review provided for in Section 175.01 of the Administration Code. However, members of such Board of Zoning Appeals shall not serve in any other position or office of the City.
(b) The Board shall elect its own Chairperson, Vice-Chairperson and Secretary.
(c) The Mayor may remove any member for cause and shall appoint a new member to fill the unexpired term of a member whose place has become vacant.
(d) If the Mayor becomes aware that a member or members of the Board may not be present for a meeting, the Mayor may appoint a member or members of the City's Architectural Board of Review to serve as an alternate member in the absent member's stead for that meeting only. Said appointment shall be in writing. Such alternate member shall meet the same appointment criteria as a regular member. When attending a meeting on behalf of an absent member, the alternate member may vote on any matter in which the absent member is authorized to vote. An alternate member will not participate unless a specific notice is announced at the beginning of the meeting.
(Ord. 2016-02. Passed 4-4-16.)
1154.03 MEETINGS.
(a) Regular meetings of the Board shall be held not less than once a month unless appeals, variance applications or other applications are pending on the Board's docket and the press of such business requires more frequent meetings, and then at such other times as the Board may determine, or upon the call of the Chairperson of the Board. Such appeals, variance applications or other applications pending on the Board's docket shall be disposed of within the time limitations herein provided.
(b) All meetings of the Board shall be open to the public, and a record of all meetings shall be kept, showing attendance of members and the vote or failure to vote of each member on each case. A record of such meetings shall be a public record. The vote shall be taken by roll call. Nothing herein shall prevent the Board from holding private conferences to exchange views after the members have considered the evidence in a case, as long as said conference is in compliance with Ohio law.
(c) Attendance by members of the Board shall be in person. The presence of three members shall constitute a quorum. The concurring vote of three members shall be necessary to pass upon any matter or to permit any exception or variance from the requirements of this Zoning Code. The Chairperson of the Board, and in his or her absence, the Vice-Chairperson, may administer oaths and compel the attendance of witnesses.
(d) If a regular meeting is not required because of the lack of public business, a notice shall be posted to such effect, at least five days prior to such meeting, on or in the vicinity of the bulletin board in the main lobby at the Municipal Center. Notice that a meeting is not required shall be given by the Secretary of the Board to all news media that have requested notices and to any persons who have made the necessary deposits for payment to cover the cost of mailing meeting notices and agenda of the board's meetings.
(Ord. 96-61. Passed 4-21-97.)
1154.04 POWERS AND DUTIES.
The Board of Zoning Appeals has the following authority, subject to confirmation by Council, which may affirm, reverse or modify:
(a) To consider appeals from rulings of the Building Commissioner or other officials and agencies in the administration or enforcement of this Zoning Code where it is claimed there is an error in any order, requirement, decision, interpretation or determination.
(b) To grant variances to the building and zoning requirements of this Zoning Code which will not be contrary to the public interest, where, because of special conditions, a literal enforcement of this Zoning Code will result in practical difficulty with regard to an area variance, or unnecessary hardship in all other cases, as distinguished from a mere inconvenience, and where the granting of such variance will permit use of land in accord with the intent and purposes of this Zoning Code and will not harm the property or improvements in the neighborhood in which the property is located.
The Board shall review each request for a variance to determine if such request complies with the purpose and intent of this Zoning Code and to determine if the applicant can demonstrate that the literal enforcement of this Zoning Code will result in practical difficulty with regard to area variances, or unnecessary hardship with regard to all other variances.
(1) The following factors shall be considered and weighed by the Board in determining practical difficulty:
A. Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same Zoning District. Examples of such special conditions or circumstances are exceptional irregularity, narrowness, shallowness or steepness of the lot or adjacency to nonconforming and inharmonious uses, structures or conditions.
B. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
C. Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
D. 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;
E. Whether the variance would adversely affect the delivery of governmental services such as water, sewer and trash pick-up;
F. Whether the property owner purchased the property with knowledge of the zoning restrictions;
G. Whether the special conditions or circumstances exist as a result of action of or by the owner;
H. Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
I. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance; and
J. Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this Zoning Code to other similarly situated lands, structures or buildings in the same district.
(2) No variance shall be granted to allow a use not permissible under the terms of this Zoning Code in the zoning district in which the property is located, unless the Board finds that the applicant for the variance has demonstrated that the applicant will suffer unnecessary hardship if strict compliance with the terms of this Zoning Code is required. Such hardship must be demonstrated by clear and convincing evidence as to all of the following criteria:
A. The property cannot be put to any economically viable use under any of the permitted uses in the zoning district;
B. The variance requested stems from a condition which is unique to the property at issue and not ordinarily found in the same zone or district;
C. The hardship condition is not created by action of the applicant;
D. The granting of the variance will not adversely affect the rights of adjacent property owners or residents;
E. The granting of the variance will not adversely affect the public health, safety or general welfare;
F. The variance will be consistent with the general spirit and intent of this Zoning Code; and
G. The variance sought is the minimum which will afford relief to the applicant.
(Ord. 96-61. Passed 4-21-97.)
1154.05 VARIANCES.
(a) Any person requesting a variance from the provisions of this Zoning Code for the district in which his or her property is located may apply to the Board for such variance. Council shall confirm, modify or reverse the order of the Board on such application.
(b) In approving a variance, the Board may designate such conditions in connection therewith as will, in its opinion, protect, as far as reasonable, the health, safety, attractiveness and values of adjoining property.
(c) Where any lot or parcel of land cannot be appropriately improved without modification of the front yard, side yard, rear yard or area requirements established by this Zoning Code, the Board may, subject to such conditions and safeguards as it may prescribe to protect the appropriate development of neighboring property, modify such requirements.
(d) Permits approved by the Board for exceptions and variances from the regulations of this Zoning Code shall be void after six months from the date of such approval, unless, in the case of new construction, work has been done above the foundation walls, and, in cases of occupancy of land or reconstruction or occupancy of buildings, the operation called for by such permit is well under way by the end of such six-month period.
(e) A fee of one hundred fifty dollars ($150.00) for commercially zoned properties, and seventy-five dollars ($75.00) for residentially zoned properties, shall be paid to the Building Commissioner at the time of filing an application for a variance.
(Ord. 2009-40. Passed 9-8-09.)
1154.06 APPEALS FROM DECISIONS OF THE BUILDING COMMISSIONER.
(a) Appeals from decisions of the Building Commissioner may be made to the Board on behalf of the City by any City official, or by any person aggrieved or affected by any decision, provided such appeal is made within ten days after such decision is rendered. A fee of one hundred dollars ($100.00) for commercially zoned properties, and seventy-five dollars ($75.00) for residentially zoned properties, shall be paid to the Building Commissioner with the appeal, provided that appeals on behalf of the City shall be exempt from paying the fee.
(b) Such appeal shall state in detail the grounds therefor, shall be in writing, shall be filed with the Building Commissioner in duplicate and shall contain a copy of the decision appealed from, which decision the Building Commissioner shall furnish to the appellant in written form immediately upon request therefor.
(c) Upon request of such appeal, the Building Commissioner shall immediately transmit to the Board such appeal, together with the permit application, plans, maps and other data in his or her possession which may be useful to the Board in arriving at a proper decision.
(Ord. 2009-40. Passed 9-8-09.)
1154.07 PROCEDURE BEFORE THE BOARD.
(a) Appeals and Variance Notice. Upon receipt by the Board of Zoning Appeals of a written application of appeal or variance, together with any necessary plans, maps and data, and before taking action on any case, the Board shall hold a public hearing and give notice thereof, which notice shall consist of written notice, mailed or personally delivered, not less than five days nor more than ten days before the date of the public hearing, to the record owner of the premises in the case, or his or her agent, to other record owners of parcels immediately adjacent to such premises, and to record owners of other parcels deemed by the Board to be immediately affected by the case, or to the agents of these owners, to the extent that addresses can, with reasonable diligence, be obtained.
(b) Hearing and Decision; Authority of Council. The Board shall hear all parties appearing in the case and shall make a decision within a reasonable time, not exceeding thirty days from the date of the receipt of the application, unless additional time is necessary as determined by the Board because of unusual circumstances. Such decision shall be confirmed, reversed or modified by Council before becoming effective. Council may impose such other or further conditions as it may deem necessary in furtherance of the objects of this Zoning Code.
(c) Transmittal of Copies of Decisions, Etc., to Building Commissioner; Permits. A copy of all decisions or determinations of the Board shall be transmitted to the Building Commissioner. Any permit issued by the Building Commissioner, pursuant to any decision or determination of the Board, shall have incorporated therein any special conditions of such permit prescribed by the Board.
(d) Conditions Required by Council. In the exercise of its power to affirm or modify the orders of the Board, Council may also require conditions, as provided in this section.
(e) Rules and Regulations. The Board shall adopt such other rules and regulations as may be necessary to carry into effect the provisions of this Zoning Code.
(Ord. 96-61. Passed 4-21-97.)
1154.08 RULES OF THE BOARD.
EDITOR'S NOTE: The following rules were adopted by the Board of Zoning Appeals:
RULES
REGULAR MEETINGS AND AGENDA
It is ruled by the Board of Zoning Appeals of the City of Lyndhurst, Ohio, in accordance with its powers to promulgate such rules under the provisions of Section 1154.07(e) of the Codified Ordinances, as follows:
Section 1. That an agenda for the regular meetings of the Board of Zoning Appeals shall be prepared by the Secretary of the Board, assisted by the Building Commissioner of the City, at least three days prior to the meeting, and such agenda shall be posted on the main bulletin board in the City Hall at such time. Copies thereof shall be forwarded to the members thereof, the Mayor, the Building Commissioner and the Law Director at the time of posting.
Section 2. The order of business appearing in such agenda is not binding upon the Board and may be varied by the Chairperson, and he or she shall announce the proper order at the opening of the meeting.
Section 3. This Board reserves the right to act on any matter not on the agenda by majority vote of a quorum of its members, as defined in Section 1154.03(c). The Board shall be guided in making such exceptions as required by necessity, justice, and the provisions of Sections 1154.06 and 1154.07 prescribing time limits and public notice in connection with certain appeals.
Section 4. Regular meetings of the Board shall be held on the second Tuesday of each month, except when such day is a holiday, in which case the meeting will be held on the following day at the same hour.
Section 5. Regular meetings will be suspended if there is no business scheduled or appeals pending at least seven business days prior to a scheduled meeting.
Section 6. These rules become effective immediately upon adoption and the Secretary is ordered to file certified copies hereof with the Clerk of Council and the Building Commissioner of the City.
Section 7. No variances will be considered unless accompanied by plans and specifications and a building permit application for each request.
(Ord. 96-61. Passed 4-21-97; BZA Ruling. Passed 10-22-01; Ord. 2024-84. Passed 11-18-24.)