Mayfield Heights City Zoning Code
CHAPTER 1155
Board of Zoning Appeals
1155.01 ESTABLISHMENT.
An administrative board, called the Board of Zoning Appeals, is hereby established. The word "Board," when used in this Zoning Code, means the Board of Zoning Appeals.
(Ord. 1985-29. Passed 10-14-85.)
1155.02 COMPOSITION; TERMS OF OFFICE; OFFICERS; VACANCIES.
(a) The Board of Zoning Appeals shall consist of five residents of the City, appointed by the Mayor. The Board members shall be composed of one member of Council, appointed by the Mayor, and four electors of the City not holding other Municipal office, either by election, appointment or otherwise, to be appointed by the Mayor. The members of the Board shall be chosen for their suitability derived from their professions, vocations or specific knowledge or experience helpful to such Board in the pursuance of its duties. Appointments shall be made for three years, except that one of the members first appointed shall serve for one year, two shall serve for two years and two shall serve for three years.
(b) The Board shall elect its own Chairperson; the Vice-Chairperson shall always be the member of Council appointed by the Mayor.
(c) The Mayor may remove any member for cause and shall appoint a new member to fill the unexpired term of any member whose place becomes vacant.
(d) The Mayor shall, in his or her discretion, appoint not more than two alternate members. Said alternate member or members shall attend all meetings, but shall not participate unless a member of the Board of Zoning Appeals shall recuse him or herself, or unless a member is not present for a meeting. An 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. 1985-29. Passed 10-14-85; Ord. 2016-7. Passed 2-22-16; Ord. 2024-15. Passed 9-9-24.)
1155.03 MEETINGS; RULES AND REGULATIONS.
(a) Regular meetings of the Board of Zoning Appeals are scheduled for the Tuesday after the first Council meeting of the month at 7:00 p.m. in the City Hall Council Chambers. Regular meetings shall be held not less than once a month and at such other times as the Board determines, or upon the call of the Chairperson of the Board.
(b) All applicants to the Board, adjacent property owners, including property owners across a public way from the property in question, and other interested persons, will be notified of the place, date and time of the meeting by mail.
(c) 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. The record of such meetings shall also show the Board's official action, shall be kept in the City Hall and shall be a public record.
(d) 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, must administer oaths to all witnesses and must compel the attendance of witnesses when necessary.
(e) Applicants to the Board must be present at the meeting of the Board, or, if an applicant is not the owner of the property in question, then he or she must possess written authorization from such owner indicating that he or she is authorized to appear on such owner's behalf, in order for such application to be considered.
(f) The Board shall adopt such other rules and regulations as may be necessary to carry into effect the provisions of this Zoning Code.
(Ord. 1985-29. Passed 10-14-85; Ord. 2015-31. Passed 8-17-15; Ord. 2024-13. Passed 6-24-24.)
1155.04 APPLICATIONS TO BOARD.
(a) Applications to the Board of Zoning Appeals shall be typed or printed, filled out completely in duplicate, and filed with the Secretary of the Board at least fourteen days prior to the meeting date.
(b) Applications shall be accompanied by a filing fee as follows: twenty-five dollars ($25.00) in a U-1 or U-2 District and one hundred dollars ($100.00) in all other districts.
(c) Applications shall be accompanied by thirteen copies of a site plan of the property in question. Site plans shall be drawn to scale showing lot size, existing and proposed structures and setbacks. The description should be at least eight and one-half inches by eleven inches and should show property lines, the location of existing and proposed buildings, parking, zoning uses of contiguous land, building heights, compass directions, setbacks, side and front yard lines and the topography of the property in question and contiguous property. Such description shall be dated, the action of the respective body shall be noted thereon, and it shall be made a part of the legislation approving or disapproving it.
(d) For sign variances, thirteen copies of a front elevation of the building and of the proposed sign are required.
(Ord. 1985-29. Passed 10-14-85.)
1155.05 VARIANCES.
(a) Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Zoning Code, and such difficulties and hardships are inherent in the land sought to be built upon because of physical size, shape, topography or other characteristics which are peculiar to the premises in question and not shared in general by other land or buildings in the immediate vicinity, the Board of Zoning Appeals may modify the application of such provisions and grant a variance, provided that it gives reasons and findings of fact for its decision.
Where any lot or parcel of land cannot be appropriately improved without modification of the front, side or rear yard or area requirements established by this Zoning Code, the Board may, after public notice and hearing and subject to such conditions and safeguards as it may prescribe to protect the appropriate development of neighboring property, modify such requirements.
(b) In approving a variance, the Board may designate such conditions in connection therewith as will protect, as far as is reasonable, the attractiveness and value of adjoining property or health and safety of the owners or occupants thereof.
(c) Any person believing that his or her property qualifies for a variance from the regulations of this Zoning Code for the district in which such property is located may apply to the Board for a variance. The application shall comply with the requirements of the building permits for which application is made and shall be filed with the Board.
(Ord. 1985-29. Passed 10-14-85.)
1155.06 APPEALS FROM DECISIONS OF DIRECTOR OF BUILDINGS; FEES.
(a) An appeal from a decision of the Director of Buildings may be made to the Board of Zoning Appeals by any person aggrieved or affected by such decision, provided that such appeal is made within ten days after the rendering of the decision.
(b) The appeal shall be in writing, shall state, in detail, the grounds therefor, shall be filed with the Secretary of the Board, in duplicate, and shall contain a copy of the decision appealed from, which decision the Director of Buildings shall furnish to the appellant in written form immediately upon request therefor. A filing fee of twenty-five dollars ($25.00) will be charged in a U-1 or U-2 District and a fee of one hundred dollars ($100.00) in all other districts. The fee shall accompany each such appeal application.
(c) Upon receipt of the appeal, the Director of Buildings shall immediately transmit the appeal to the Board, together with the permit application, plans, maps and other data in his or her possession as may be useful to the Board in arriving at a proper decision.
(Ord. 1985-29. Passed 10-14-85; Ord. 1990-18. Passed 4-23-90.)
1155.07 PROCEDURE BEFORE BOARD; FINAL ACTION BY COUNCIL.
(a) Upon receipt by the Board of Zoning Appeals of a written application and payment of the fee provided for in Section 1155.04, together with all necessary plans, maps and data, and before taking action on any case, the Board shall hold a public hearing and give proper notice thereof. Notice shall consist of written notice, mailed 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, and to the record owners of other parcels believed by the Board to be immediately affected by the case, or to the agents of these owners, to the extent that addresses can be obtained with reasonable diligence.
(b) 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 because of unusual circumstances.
(c) In granting an exception or a variance upon conditions, the Board shall require such evidence and guarantee as it may believe necessary so that the conditions designated are being and will be complied with.
(d) A copy of all decisions or determinations of the Board shall be transmitted to the Director of Buildings. Any permit issued by the Director of Buildings pursuant to any decision or determination of the Board shall have incorporated therein any special condition for the permit that is prescribed by the Board.
(e) No decision of the Board shall become effective or final until Council has taken action by resolution. Council shall either confirm, modify, or reverse the decision of the Board. If Council does not confirm, modify or reverse a decision of the Board within sixty consecutive calendar days of the Board's decision, the decision shall be considered confirmed. A resolution to confirm shall require the affirmative vote of a simple majority of Council to pass. If the resolution does not pass, any member of Council or the Mayor may introduce a resolution at a subsequent Council meeting confirming, modifying or reversing the decision of the Board. A resolution to modify the decision of the Board shall clearly state how the decision should be modified, and a resolution to modify or reverse shall require the affirmative vote of five of the seven elected members of Council to pass.
(Ord. 1985-29. Passed 10-14-85; Ord. 1990-18. Passed 4-23-90; Ord. 2012-1. Passed 2-13-12; Ord. 2015-10. Passed 5-11-15.)
1155.08 EFFECTIVE PERIOD OF PERMITS.
All permits approved by the Board of Zoning Appeals for exceptions and variances from the provisions of this Zoning Code shall be void after twelve months from the date of such approval unless, in the case of new construction, work has been done above the foundation walls, and unless, in cases of occupancy of land or reconstruction or occupancy of buildings, the operation called for by the permit is well underway by the end of such twelve-month period.
(Ord. 1988-12. Passed 2-8-88; Ord. 2021-31. Passed 9-13-21.)