Minerva City Zoning Code
CHAPTER 1161
Board of Zoning Appeals
1161.01 MEMBERSHIP; SECRETARY.
(a) EDITOR'S NOTE: See Section 7.03 of the Municipal Charter for membership requirements, and terms of office.
(b) There shall be a secretary of the Board of Appeals who shall perform such duties as may be required of him by the Board.
(Ord. 11-71. Passed 5-25-71.)
1161.02 MEETINGS.
Meetings of the Board shall be held at least once a month and at such other times as the board may determine, or upon call of the Chairman. All meetings shall be open to the public. The Board shall adopt its own rules of procedure and shall keep a record 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 examination and other official actions. Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and become a public record.
(Ord. 11-71. Passed 5-25-71.)
1161.03 APPEAL PROCEDURE; STAY OF PROCEEDINGS.
An appeal from the decision of the Zoning Inspector may be taken to the Board of Appeals by any person aggrieved, or by any officer, department, board or bureau of the Municipality affected by such decision. Such appeal shall be taken within a reasonable time as provided by the rules of the Board by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.
(Ord. 11-71. Passed 5-25-71.)
1161.04 HEARINGS; VARIANCES.
(a) The Board shall hear and decide appeals de novo and review on appeal any order, requirement, decision or determination made by the Zoning Inspector in the enforcement or application of this Zoning Ordinance; and, upon such appeal the Board may, in accordance with the provisions of this Zoning Ordinance, reverse or affirm, wholly or partly, or may modify any such order, requirement, decision or determination and the decision of the Board shall be final.
(b) If, after a permit has been authorized by the Board, such permit is not lifted from the office of the Zoning Inspector within a period of six months from the date of authorization, then such authorization shall be null and void and no permit shall be issued thereunder.
(c) The Board shall fix a reasonable time for the hearing of an appeal, taken within the time specified by its rules, shall give public notice thereof, as well as due notice to the parties in interest, and shall decide the same within a reasonable time. Upon the hearing of such appeal any party may appear in person, or by agent or attorney.
(d) Where the street layout actually on the ground, or as recorded, differs from the street layout as shown on the Zoning Map, the Board shall interpret the Map in such a way as to carry out the intent and purpose of this Zoning Ordinance and the Map for the particular section or district in question.
(e) Where by reason of topographical conditions, district borderline situations, immediately adjoining existing developments, or because of other unusual circumstances, the strict application of any provision of this Zoning Ordinance would result in exceptional practical difficulty or undue hardship upon the owner of any specific property, the Board, in passing upon appeals, shall have the power to vary or modify such strict application or to interpret the meaning of this Zoning Ordinance so as to relieve such difficulty or hardship, provided that such variance, modification or interpretation shall remain in harmony with the general purpose and intent of this Zoning Ordinance, so that the health, safety and general welfare of the community shall be conserved and substantial justice done. In the exercise of this power the Board may, among other variances, modifications and interpretations, authorize a permit to be issued:
(1) For temporary building for commerce or industry in a residence district, where such building is incidental and reasonably necessary to develop the district for residential purposes, such a permit to be issued for a period of not more than one year.
(2) For such variation of area requirements of this Zoning Ordinance as the Board may deem necessary to secure an appropriate improvement of a lot where such lot was separately owned or was shown on a recorded plat to be a separate and distinct numbered lot at the time of the passage of this Zoning Ordinance (Ordinance 11-71, passed May 25, 1971) and is of such restricted area or shape that it cannot be appropriately improved without such variation.
(3) For a reasonable enlargement of existing structures, or land use, or the erection of additional structures on the same lot or plot of ground for trade, business or industry located in a district restricted against its use where such enlargements or extension of such trade, business or industry will not be detrimental or tend to alter the character of a neighborhood.
(4) For the erection or use of a structure in any district by a public service corporation, when such erection or use is reasonably necessary for the service of the public and not unreasonably detrimental to the character of the development.
(5) For such reasonable variation of the height and area regulations herein set forth as the Board may deem necessary for the suitable use of a telephone exchange building, an electric distribution substation, electric conductor transmission tower, or other similar public utility building or structure located in a residence district, where the Board determines such variation is reasonably necessary for the public convenience or welfare, harmonious to the purposes of the district, and not unreasonably injurious to the property or the district in which the building or structure is or is proposed to be located.
(6) For the erection or use of a dwelling in a Business or Industrial District, where it is shown that otherwise the requirements of this Zoning Ordinance are confiscatory.
(7) For the front yard of less depth than that required by this Zoning Ordinance where topography, existing development or unusual conditions make strict compliance unreasonable or substantially impossible.
(8) For a sand, gravel or clay pit or a stone quarry, together with the necessary accessory buildings or structures, in a district restricted against such use by this Zoning Ordinance, for such period and under such conditions as are reasonable considering the character of the district involved.
(9) For the variance of the arrangement of yards from those specified in "Yard Requirement" in case of a building fronting upon the side lot line of a corner or in cases of a group of building on a parcel of ground forming in effect a multiple dwelling made up of separate units provided that the lot area per family as specified in this Zoning Ordinance shall be complied with in the location of such buildings.
(10) For a decrease of the distance specified:
Any door for vehicles opening upon any street, shall be at least fifteen feet from the street line and an open unoccupied space shall be maintained between such door and the street line. The height of such open unoccupied space shall be not less than twelve feet and the other dimensions shall be such that no part of the structure encroaches upon the triangular area circumscribed by lines joining the center of such vehicular entrance door and the two points on the adjoining side of the center line of the doorway and each twelve feet therefrom.
(11) For the resumption of a nonconforming use of a building in a residence district when such nonconforming use has been discontinued for a period exceeding one year, provided such use has not been followed by a more restricted use, and that it is not reasonably practical to utilize the lot upon which such building is located for a conforming use and further provided that such resumption would not be detrimental to the character of the surrounding neighborhood.
(12) For the reconstruction of a building in a district restricted against its use when such building has been destroyed by fire or other calamity to the extent of not more than fifty percent of its bulk, provided the application for such is made within one year from the date of such fire or other calamity.
(13) For an aviation field, a cemetery or a municipal utility or building in any district.
(Ord. 11-71. Passed 5-25-71.)
1161.05 ACTION OF THE BOARD.
In exercising its powers, the Board may, in conformity with the provisions of statute and of this Zoning Ordinance, reverse or affirm wholly or partly, or may modify the order, requirements, decision or determination as ought to be made, and to that end shall have all powers of the officer from whom the appeal is taken.
(Ord. 11-71. Passed 5-25-71.)
1161.06 PUBLIC HEARING FOR NONCONFORMING USE.
The Board may authorize issuance of a zoning certificate, after public hearing, for the following:
(a) The substitution for nonconforming uses of another nonconforming use, if no structural alterations, except those required by law or regulations, are made, provided that in any R District no change shall be permitted to any use prohibited in a B District, and in any B District no change shall be permitted to any use prohibited in any M District.
(b) The extensions or completion of a building or land use devoted to a nonconforming use upon a lot occupied by such building or land use, or on a lot adjoining, provided that such lot was under the same ownership as the lot in question on the date such building or land use became nonconforming, and where such extension is necessary and incidental to the existing use of such building or land use, provided that the floor area of any extension shall not exceed, in all, thirty-five 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.
(c) The extension of a nonconforming use throughout those parts of a building which were manifestly designed or arranged for such use prior to the effective date of this Zoning Ordinance (Ordinance 11-71, passed May 25, 1971), if no structural alterations, except those required by law, are made therein.
(Ord. 11-71. Passed 5-25-71.)
1161.07 ZONING MAP CHANGE AND INTERPRETATION.
The Board may authorize adjustments of district boundaries as follows:
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 Maps, the Board, after notice to the owners of the property and after public hearing, shall interpret the Maps in such a way as to carry out the intent and purpose of this Zoning Ordinance for the particular section or district in question.
(Ord. 11-71. Passed 5-25-71.)
1161.08 PROCEDURE FOR APPLICATIONS, APPEALS, HEARINGS AND STAY OF PROCEEDINGS.
(a) Applications. An application in cases in which the Board of Zoning Appeals has original jurisdiction under the provisions of this Zoning Ordinance may be taken by any property owner, including a tenant, or by a governmental officer, department, board or bureau. Such application shall be filed with the Zoning Inspector who shall transmit same to the Board.
(b) Appeals. An appeal to the Board may be taken by any person aggrieved. Such appeal shall be taken within twenty days after the decision by filing with the Zoning Inspector and with the Board a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(c) Hearings. The Board shall fix a reasonable time for the hearing of the appeal, give at least ten days notice to the parties in interest, and decide the same within a reasonable time after it is submitted. Each application shall be accompanied by a check, payable to the Clerk of the Village of Minerva, or a cash payment sufficient in amount to cover the cost of publishing and/or posting and mailing the notices of the hearing or hearings. At the hearing, any party may appear in person or by attorney. Any party adversely affected by a decision of the Board may appeal to the Court of Common Pleas of Stark County or Carroll County on the ground that such decision was unreasonable.
(d) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Board, after notice of appeal has been filed with him, that by reasons of facts stated in his certification a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an order which may be, on due cause shown, granted by the Board on application after notice to the Zoning Inspector, or by judicial procedure.
(Ord. 11-71. Passed 5-25-71.)
1161.09 SPECIAL EXCEPTIONS; SPECIAL AND CONDITIONAL USES.
(a) Special Exceptions. Applications for special exceptions shall be filed with the Zoning Inspector and transmitted by him to the Board of Zoning Appeals. The Board, in addition to its powers heretofore specified, is authorized to hear and decide, in accordance with the provisions of this Zoning Ordinance, requests or applications for special exceptions or for interpretations of the Zoning Maps or for decisions upon other special questions.
(b) Special and Conditional Uses. The Board may authorize the issuance of a zoning certificate after public hearing for any of the special or conditional uses as permitted by this Zoning Ordinance. In considering an application for any of the special or conditional uses, the Board shall give due regard to the nature and condition of all adjacent uses and buildings; and in authorizing a special or conditional use the Board may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this Zoning Ordinance for the particular special uses or conditional uses, as the Board may deem necessary for the protection of adjacent properties and the public interest.
(Ord. 11-71. Passed 5-25-71.)
CODIFIED ORDINANCES OF MINERVA