The purpose of the Zoning Board of Appeals shall be to decide any issue involving the interpretation of the provisions contained in this chapter, to grant variances from the strict letter of the chapter in instances of unnecessary hardship and to authorize conditional uses as herein provided.

(Ord. passed - -)

   (A)   Appointment. The Planning Commission shall be the Zoning Board of Appeals.

   (B)   Organization and rules.

      (1)   (a)   The Board shall organize annually and elect a Chairperson, Vice Chairperson and secretary from its membership.

         (b)   The secretary need not be a member of the Board.

         (c)   The Board shall adopt rules as may be necessary to carry into effect the provisions of this chapter and to exercise the powers and jurisdiction conferred upon it by the chapter.

      (2)   (a)   The Chairperson shall preside at all meetings of the Board.

         (b)   He or she shall decide on all points of order and procedure unless otherwise directed by a majority of the Board.

         (c)   The Chairperson may appoint committees deemed necessary to carry out the business of the Board.

         (d)   The Chairperson may administer oaths and compel the attendance of witnesses.

         (e)   The Chairperson's signature shall be the official signature of the Board and shall appear on all decisions as directed by the Board.

      (3)   (a)   The Vice Chairperson shall serve in the absence of the Chairperson.

         (b)   He or she shall have all the powers of the Chairperson during his or her absence, disability or disqualification.

      (4)   The secretary shall keep minutes of all meetings and shall be responsible for all official correspondence of the Board.

   (C)   Meetings.

      (1)   Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine.

      (2)   All meetings shall be open to the public.

   (D)   Voting.

      (1)   All actions of the Board shall be taken by resolution, the vote of each member being recorded.

      (2)   The majority of the Board shall constitute a quorum to do business and the concurring vote of three members shall be necessary to reverse any order, requirements, decision or determination of the Zoning Administrator.

      (3)   No member of the Board shall vote on any matter in which he or she is personally or financially interested.

   (E)   Minutes and records. The secretary of 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 action, all of which shall be certified correct and filed in the village hall and shall be a public record.

   (F)   Witnesses and oaths. The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, and compel testimony and the production of books, papers and other evidence pertinent to any issue before the Board.

   (G)   Department assistance. The Board may call on the village departments for assistance in the performance of its duties, and it shall be the duty of such departments to render assistance to the Board as may be required.

(Ord. passed - -)

   (A)   The Board shall be governed by the provisions of all applicable state statutes, local laws, ordinances and rules set forth herein.

   (B)   The Board shall become familiar with all enacted ordinances and laws of the Village of Marblehead under which it may be expected to act as well as with applicable state enabling legislation.

   (C)   The Board shall uphold the Zoning Chapter and official zoning map of Marblehead as adopted and shall serve primarily as a judicial review in the performance of its duties.

(Ord. passed - -)

   The Board shall operate so as to carry into affect the powers and jurisdiction conferred upon it as follows:

   (A)   To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter;

   (B)   To hear and decide on such conditional uses as the Board is specifically authorized to pass on by the terms of this chapter;

   (C)   To hear and decide upon application for variances under the terms provided in this chapter;

   (D)   (1)   To interpret the provisions of the Zoning Chapter or map where there is doubt as to meaning or application.

      (2)   The Board shall have the specific power to:

         (a)   Interpret the precise location of the boundary lines between zoning districts; and

         (b)   Interpret the classification of a use which is not specifically mentioned as a part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use, in accordance with the intent and purpose of each district;

   (E)   To exercise such other powers as may be granted to the Board by this chapter, amendment thereto or by the general laws as set forth in the Ohio Revised Code as amended; and

   (F)   The Board shall not have the power to alter or change the zoning district classification of any property, nor to make any change to the terms or intent of this chapter, but does have power to act on those matters where the chapter provides for judicial review, interpretation, variance or conditional use as defined in this subchapter.

(Ord. passed - -)

   (A)   Appeals to the Board of Zoning Appeals concerning interpretation or administration of this subchapter may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the village affected by any decision of the Zoning Administrator.

   (B)   Such appeal shall be taken within 20 days after the decision by filing with the Zoning Administrator and with the Board of Zoning Appeals, a notice of appeal specifying the ground upon which the appeal is being taken.

   (C)   The Zoning Administrator shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken.

(Ord. passed - -)

   See § 154.241.

(Ord. passed - -)

   (A)   An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator from whom the appeal is taken certifies to the Board of Zoning Appeals after the notice of appeal is filed with him or her, that by reason of facts stated in the application, a stay would, in his or her opinion, cause imminent peril to life and property.

   (B)   In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record on application, with a notice to the Zoning Administrator from whom the appeal is taken.

(Ord. passed - -)

   The Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of this subchapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this subchapter would result in unnecessary hardship.

(Ord. passed - -)

   A variance from the terms of this subchapter shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Zoning Administrator and the Board of Zoning Appeals containing:

   (A)   Name, address and phone number of applicants;

   (B)   Legal description of property;

   (C)   Description of nature of variance requested;

   (D)   A narrative statement demonstrating that the requested variance conforms to the following standards:

      (1)   That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;

      (2)   That a literal interpretation of the provisions of this subchapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this subchapter;

      (3)   That special conditions and circumstances do not result from the actions of the applicant; and

      (4)   That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter, to other lands, structures or buildings in the same district; and

   (E)   A list of all property owners within, contiguous to, and directly across the street from the parcel(s) upon which the variance or appeal is being requested, including the tax mailing address of the property owners.

(Ord. passed - -)

   (A)   There are two types of variances which the village may grant:

      (1)   An area variance; and

      (2)   A use variance.

   (B)   The factors to be considered by the Board differ for the two types of variances.

      (1)   Area variance.

         (a)   1.   An area variance is a departure from the provisions of the Zoning Chapter usually relating to setbacks, side yards, height, frontage/lot width and lot size.

            2.   These variances relate to the physical characteristics of the property.

            3.   Strict enforcement of the zoning requirements for the specific lot would present "practical difficulties," basically making the property unusable.

         (b)   The factors or standards to be considered and weighed for an area variance 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 a 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);

            5.   Whether the property owner purchased the property with knowledge of the zoning restriction;

            6.   Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and

            7.   Whether the spirit and intent behind the zoning requirements would be observed and substantial justice done by granting the variance.

      (2)   Use variance.

         (a)   1.   A use variance involves the development or conversion of land for a use not permitted in the specific zoning district.

            2.   The factors or standards applied to a use variance are those related to the concept of "unnecessary hardship."

         (b)   1.   A use variance must not be contrary to the public interest and the Board must ensure that the spirit of the Zoning Chapter is observed.

            2.   In other words, the use requested is consistent and harmonious to the existing uses.

            3.   In addition, all of the following conditions must also be found to exist:

               a.   The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not apply generally to other land or buildings in the vicinity and were not created by the applicant;

               b.   The granting of the application is necessary for the preservation and enjoyment of a substantial property right and not merely to serve a convenience to the application; and

               c.   The authorizing of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or imperil the public safety or unreasonably diminish or impair established property values within the surrounding areas, or in any way impair the health, safety, convenience or general welfare of the inhabitants of the village.

   (C)   Summary.

      (1)   In either type of variance request, the variance as granted shall be the minimum variance necessary to accomplish the reasonable use of the land or building.

      (2)   The granting of a variance runs with the land and is not approved for the present landowner only.

(Ord. passed - -)

   (A)   The Board shall have the power to impose additional conditions and safeguards other than those stated in the Zoning Chapter when granting variances and conditional uses.

   (B)   Such additional conditions shall be reasonable and necessary to promote and preserve the public safety, general welfare and economic viability of the neighborhood and community and shall be imposed solely for the purpose of minimizing the effect of the variance or conditional use on surrounding property and the community as a whole.

   (C)   Violations of such conditions and safeguards, when made a part of the terms under which the variance or conditional use is granted, shall be deemed a violation of this chapter and punishable under § 154.999 of this chapter.

(Ord. passed - -)

   (A)   A variance, once granted, shall not be withdrawn or changed unless there is a change of circumstances, or if, after the expiration of 12 months, no construction has taken place in accordance with the terms and conditions for which the variance was granted.

   (B)   The Zoning Administrator shall give a notice in writing, and 30 days thereafter the variance shall be deemed null and void and all regulations governing the premises in question shall revert to those in effect before the variance was granted.

(Ord. passed - -)

   The Board of Zoning Appeals shall hold a public hearing within 40 days after the receipt of an application for an appeal or variance from the Zoning Administrator or an applicant.

(Ord. passed - -; Am. Ord. passed 2-10-2000)

   (A)   Before holding the public hearing, notice of such hearing shall be placed in one or more newspapers of general circulation in the village at least ten days before the date of the hearing by the Chairperson of the Board of Zoning Appeals.

   (B)   The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.

(Ord. passed - -)

   (A)   Before holding the public hearing, notice of such hearing shall be mailed by the Chairperson of the Board of Zoning Appeals, by first class mail, at least ten days before the day of the hearing to all owners of property within, contiguous to, and directly across the street from such area proposed for the appeal or variance to the address of such owners appearing on the County Auditor's current tax list or the Treasurer's mailing list.

   (B)   The notice shall contain the same information as required of notices published in newspapers as specified in this chapter.

(Ord. passed - -)

   (A)   It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use must be considered individually.

   (B)   These specific uses as they are conditionally permitted under the provisions of §§ 154.230 et seq., shall follow the procedures and requirements set forth in this subchapter.

(Ord. passed - -)

   (A)   An application for conditional use permit shall be filed with the Chairperson of the Board of Zoning Appeals by at least one owner or lessee of property for which such conditional use is proposed.

   (B)   At a minimum, the application shall contain the following information:

      (1)   Name, address and phone number of applicant;

      (2)   Legal description of property;

      (3)   Description of existing use;

      (4)   Present zoning district;

      (5)   Description of proposed conditional use;

      (6)   A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirement of this chapter;

      (7)   A narrative statement evaluating the economic effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration or adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the Comprehensive Plan;

      (8)   A list of all property owners within, contiguous to, and directly across the street from the parcel(s) upon which the conditional use is requested, including the tax mailing addresses of the property owners; and

      (9)   Such other information as may be required.

(Ord. passed - -) Penalty, see § 154.999

   In addition to the specific requirements for conditionally permitted uses, the Board shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location:

   (A)   Will be harmonious with and in accordance with the general objectives, or with the specific objective of the village's Comprehensive Plan and/or the Zoning Chapter;

   (B)   Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;

   (C)   Will not be hazardous or disturbing to existing or future neighboring uses;

   (D)   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;

   (E)   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community;

   (F)   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to the economic welfare of the community;

   (G)   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will not be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

   (H)   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads; and

   (I)   Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance.

(Ord. passed - -)

   (A)   In granting any conditional use, the Board may prescribe appropriate conditions and safeguards in conformity with this subchapter.

   (B)   Violations of such conditions and safeguards, when made a part of the terms under which the conditional use was granted, shall be deemed a violation of this subchapter and punishable.

(Ord. passed - -)

   The Board shall hold a public hearing within 40 days from the receipt of the application for a conditional use.

(Ord. passed - -; Am. Ord. passed 2-10-2000)

   (A)   Before holding the public hearing, notice of such hearing shall be placed in one or more newspapers of general circulation in the village at least ten days before the date of such hearing by the Chairperson of the Board of Zoning Appeals.

   (B)   The notice shall set forth the time and place of the public hearing, and the nature of the proposed conditional use.

(Ord. passed - -)

   Before holding the public hearing, written notice of such hearing shall be mailed by the Chairperson of the Board, by first class mail, at least ten days before the day of the hearing to all owners of property within, contiguous to, and directly across the street from such area for the conditional use to the addresses of such owners appearing on the County Auditor's current tax list or the County Treasurer's mailing list.

(Ord. passed - -)

   A conditional use permit shall be deemed to authorize only one particular conditional use and the permit shall automatically expire if, for any reason, the conditional use shall cease for more than six months.

(Ord. passed - -)

   (A)   The Board shall decide all applications for variances, conditional uses and appeals within 30 days after the final hearing thereon.

   (B)   The applicant shall be notified in writing of the Board's decision and the findings of fact which were the basis for the Board's determination.

   (C)   (1)   The Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination of the Zoning Administrator as in its opinion ought to be made in the premises.

      (2)   The decision shall state any conditions and safeguards necessary to protect the public interest.

   (D)   In reaching a decision, the Board shall be guided by standards specified in this chapter and community goals and policies so specified.

   (E)   (1)   A certified copy of the Board's decision including all terms and conditions shall be transmitted to the Zoning Administrator and shall be binding upon and observed by him or her.

      (2)   The Zoning Administrator shall fully incorporate these same terms and conditions in the permit to the applicant whenever a permit is authorized by the Board.

   (F)   All findings and decisions shall be clearly set forth in the minutes of the Board.

(Ord. passed - -)

   (A)   It is the intent of this subchapter that all questions of interpretation and enforcement shall first be presented to the Zoning Administrator, and that such questions shall be presented to the Board only on appeal from the decision of the Zoning Administrator, and that recourse from the decision of the Board shall be to the courts as provided by § 154.295 and Ohio R.C. Chapter 713.

   (B)   (1)   It is further the intent of this subchapter that the duties of the Village Council in connection with this subchapter shall not include hearing and deciding questions of interpretation and enforcement that may arise; these being the powers of the Board.

      (2)   Under this subchapter, Village Council shall have only the duties of considering, adopting, or rejecting proposed amendments or the repeal of all or part of this subchapter, as provided by law and of establishing a schedule of fees and charges.

   (C)   If, in the course of carrying out the intent of this subchapter and after review of all appeal cases brought before it, the Board finds a series of similar irregularities or inequities, it shall be incumbent upon the Board to inform the Village Council and Planning Commission of these inadequacies in order that the Zoning Chapter or map may be appropriately amended.

(Ord. passed - -)

   A person aggrieved by a decision of the Board may appeal to the Court of Common Pleas of Ottawa County, Ohio.

(Ord. passed - -)

   (A)   Penalties for violation.

      (1)   Violation of the provisions of this chapter or failure to comply with any of its requirements (including violations of conditions and safeguards established in various sections of this chapter) shall constitute a misdemeanor.

      (2)   Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $100 or imprisoned for not more than 30 days, or both, and in addition shall pay all costs and expenses involved in the case.

      (3)   Each day such violation continues after receipt of a violation notice, shall be considered a separate offense.

      (4)   The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

      (5)   Nothing herein contained shall prevent the village from taking such other lawful action as is necessary to prevent or remedy any violations.

   (B)   Civil action. In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used or any land is or is proposed to be used in violation of law or of this chapter or any amendment thereto, the Village Council, the Village Solicitor, the Village Zoning Administrator or any adjacent or neighboring property owner who would be especially damaged by such violation may in addition to other appropriate action, enter proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.

   (C)   Remedies cumulative. The exercise of the rights and remedies granted in this chapter and the above divisions shall in no way preclude or limit the village or any person from exercising any other right or remedy now or hereafter granted to them under the laws of Ohio.

(Ord. passed - -)