Mogadore City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 152.125 BOARD OF ZONING APPEALS.
(A) Authority. The Board of Zoning Appeals is hereby created and authorized to act as the administrative board as provided in R.C. § 713.11, having all powers and duties prescribed by law and by this chapter.
(B) Composition and appointment. The Board shall consist of six members appointed by the Mayor and approved by the Council. Each member shall be appointed in accordance with the Charter. The mayor may remove any member for reasons stated in writing. In the event of death or removal of a member, the Mayor shall, with the approval of the Council, make the appointment for the duration of the unexpired portion of the term of the deceased or removed member. Vacancies created by resignation shall be filled in the same manner.
(C) Organization. The Board of Zoning Appeals shall elect a chairman from its membership, shall appoint a clerk, and shall prescribe rules of the conduct of its affairs.
(D) Quorum. The Board of Zoning Appeals shall require a quorum of four members at all its meetings and the concurring vote of four members shall be necessary to effect any order.
(E) Meetings. The Board of Zoning Appeals shall meet at the call of its chairman or two other members, and at such other regular times as it may by resolution determine.
(F) Witnesses. The Board of Zoning Appeals chairman or acting chairman may administer oaths and compel the attendance of witnesses in all matters coming within the purview of this chapter.
(G) Powers and duties. The Board of Zoning Appeals shall have the further powers and duties specified as follows:
(1) Interpretation. Upon appeal from a decision by an administration official, the power to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(2) Exceptions. The power to issue special permits as authorized by this chapter. In granting any special permit, the Board of Zoning Appeals and the Planning and Zoning Commission shall act in compliance with the provisions of this chapter for zones pertaining thereto, and shall prescribe any conditions that it deems to be necessary to or desirable for the public interest. However, no such special permit shall be granted by the Board of Zoning Appeals or the Planning and Zoning Commission unless it finds that the use for which the permit is sought will not be injurious to the neighboring or otherwise detrimental to the public welfare and will be in harmony with the general purpose of this chapter.
(3) Variances. The power to vary or adapt the strict application of any of the requirements of this chapter in the case of exceptional circumstances or conditions peculiar to the land or buildings in question, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved in no other case. In granting any variances, the Board of Zoning Appeals shall determine that the variance is in harmony with the general purpose of this chapter, and shall prescribe any conditions it deems necessary or desirable to prevent from said variance to the affected neighborhood or detrimental to the public welfare.
(H) Procedure. The Board of Zoning Appeals shall act in accordance with the procedure specified by law and by this chapter. All appeals and publication shall refer to the specified provision of the ordinance involved, and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. Every decision of the Board of Zoning Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board of Zoning Appeals in the particular case. Each resolution shall be filed in the office of the Board of Zoning Appeals by case number*, special permits, variances, together with all documents pertaining thereto (*one or another of the following headings: Interpretations, Special Permits, etc.).
(I) Notice and hearing. No action of the Board of Zoning Appeals shall be taken in any proceedings under divisions (G) and (H) of this section, and § 152.111(C), until after proper notice has been given and public hearing has been held. Proper notice of a hearing before the Board of Zoning Appeals shall be a public notice by publishing in a newspaper of general circulation in the community and written notice mailed to the owner of property or the agent of such owner; written notice mailed to owners of property, or agent of such owner within 300 feet of such parcel or parcels to be rezoned, at least ten days prior to the date of such proposed hearings.
(J) Appeals.
(1) Appeals to the Board of Zoning Appeals may be taken by any persons, firm or corporation or by any officer, board or department of the municipality deeming himself or itself to be adversely affected by the decision of the administrative official pertaining thereto.
(2) Appeals shall be made no later than 15 calendar days after the date of grievance. The appellant shall post security for the cost of all action required for the hearing of the appeal, however, if the appeal is sustained, no such cost shall be levied against the appellant. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative office 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 that such stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order granted by the Board of Zoning Appeals or by a court having lawful jurisdiction.
(3) Within its powers, the Board of Zoning Appeals may reverse of affirm, wholly or in part, or modify the order, requirement, decision or determination as in its opinion ought to be done in that end shall have all the powers of the officer from whom the appeal is taken and it may issue or direct the issuance of a permit or certificate. The appellant shall post a fee, as designated in the Village Permits and Approvals Fee Schedule, for the cost of all action required for the hearing of the appeal. Any of the fee not used will be returned upon settlement of the approval.
(K) Reconsideration. The Board of Zoning Appeals may, upon its own initiative, within ten days, and without necessitating an applicant's initiating a new application for reconsideration, revise, modify, change or retract a previously rendered decision or condition imposed. Such action by the Board of Zoning Appeals may not be taken without a clear showing that facts have come to its attention within said ten-day period, such facts then providing grounds for reconsideration.
(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18)
§ 152.126 ADMINISTRATIVE OFFICIALS.
Except as otherwise provided by this chapter, the Clerk-Treasurer shall be the primary contact for the administration and enforcement of this chapter, including the receiving of applications, the inspection of premises and the issuing of zoning and building permits. No zoning and building permit or certificate of occupancy shall be issued except where the provisions of this chapter have been complied with.
(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18)
§ 152.127 CITATION PROCEDURE.
A violation of this chapter shall be cited by the Clerk-Treasurer, Zoning Inspector, or Law Director:
(A) By sending a citation and order to comply by certified mail, return receipt requested, to the owners, lessees, or person having control of the premises or property involved and shall be deemed served and effective upon receipt, or
(B) By the Zoning Inspector personally serving the citation upon the above-mentioned persons. Personal service herein shall mean actual delivery to such persons, or leaving said citation securely affixed in a conspicuous place at the premises in question. The citation is by this method effective either upon such actual delivery or upon affixing.
(C) If the persons as cited above fail or refuse to comply with the citation and order to comply within 15 days following service, the Clerk-Treasurer or Zoning Inspector shall serve upon the person, as in divisions (A) and (B) of this section, an order to show cause within ten days before the Zoning Inspector as to why compliance has not been made and why legal process should not be instituted as in division (D) of this section.
(D) Where the cited party fails to comply or show cause, the Law Director shall prepare and file an affidavit or complaint and cause a summons charging said violation to issue pursuant to law.
(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18)
§ 152.128 ZONING PERMIT REQUIRED.
No building or structure shall be erected, added to, or structurally altered until a permit therefore has been issued by the Clerk-Treasurer or other duly authorized official. All applications for such permits shall be submitted by the owner or lessees of the property concerned, or an agent thereof, in such form as adopted by the village, and in accordance with the requirements of this chapter and all other ordinances pertaining thereto, and unless upon written order of the Board of Zoning Appeals, no such zoning permit or certificate shall be issued for any building where said construction, addition, or alteration of use thereof would be in violation of any of the provisions of this chapter. Further, no permits shall be issued unless the property upon which the proposed building or structure is to be erected abuts a street which has been publicly dedicated and accepted by the municipality. Additionally, no such permit shall be issuee for such new buildings or structures unless the applicant therefore has obtained a right-of-way permit for sewer and water or a private septic permit, or any other items requiring road opening.
(Ord. passed 12-11-90; Am. Ord. 12 passed 4-5-00; Am. Ord. 41, passed 7-2-07; Am. Ord. 2018-80, passed 11-20-18)
§ 152.129 EXHIBITS ACCOMPANYING APPLICATIONS.
There shall be submitted with all applications for zoning permits the following exhibits in duplicate:
(A) Layout of plot plan drawn to scale and showing the actual dimensions of the lot to be built upon and the exact size and location on the lot of the building or structure to be erected. This plot plan shall be prepared only after the lot has been surveyed and the boundaries thereof determined and visibly staked out by a registered surveyor.
(B) Plans showing the details of construction at each floor level and the principal elevation views of the buildings or structure, together with such other pertinent data necessary to determine and provide for the enforcement of this chapter.
(C) Information required by the latest village plan review checklist or code requirements.
(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18)
§ 152.130 PAYMENT OF FEES.
One copy of the required exhibits shall be returned with a permit to the applicant when approved by the administrative official and upon the payment of a fee in accordance with municipal ordinance. The fees identified in the latest Permits and Approvals Fee Schedule shall be collected by the Village Clerk at the time of application for a zoning permit or village approval.
(Ord. passed 12-11-90; Am. Ord. 41 passed 7-2-07; Am. Ord. 2018-80, passed 11-20-18)
§ 152.132 RETRACTION CLAUSE.
(A) Where any property, lot or premises are rezoned or permitted a variation to allow a specifically requested and intended use, and/or construction, such rezoning or variation shall be considered null and void, revoked and retracted as to such property, lot or premises if it should appear to Council or the Board of Zoning Appeals that the specifically requested and intended use and/or construction which was the basis of the rezoning or permitted variation is:
(1) Not to be implemented, or
(2) Not begun within 30, 60, or 90 days of the date when such rezoning or permitted variation is approved by Council or the Board of Zoning Appeals.
(3) Not once begun or initiated, pursued to completion without delay or interruption is shown by the applicant to have resulted from no fault or negligence of his.
(B) For good cause shown by the applicant the above time period may be extended by Council or the Board of Zoning Appeals upon application made before the expiration of any previously granted time period, but each extension shall be for a period not greater than 90 days.
(C) Council or the Board of Zoning Appeals shall have the power to establish beginning dates (as in division (A)(2) of this section) or from 30 to 90 days, depending on their determination of which time limit is reasonable.
(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18)
§ 152.133 DISTRICT CHANGES AND ORDINANCE AMENDMENTS.
(A) The Council may from time to time amend by ordinance the number, shape, or area of districts established on the zoning map or the regulations set forth in this chapter but no such amendment shall become effective unless the ordinance proposing same shall first be submitted in writing by the Clerk-Treasurer of Council to the Planning and Zoning Commission for approval, disapproval or suggestions, and said Commission shall have been allowed a reasonable time, not more than 60 days, for consideration and report.
(B) In the even the proposed amendment shall have the effect, if approved and passed, of amending the number, shape or area of districts established on the zoning map, the Planning and Zoning Commission and Council shall hold a joint public hearing on the proposed amendment and shall give proper notice of the time and place of such hearing. Thereafter, the Planning and Zoning Commission shall submit its recommendations and report to Council.
(C) Proper notice of a joint hearing before the Planning and Zoning Commission and Council shall be a public notice by publishing in a newspaper of general circulation in the community and written notice mailed to the owner of property, or the agent of such owner, within 500 feet of the perimeter of such parcel or parcels to be rezoned, at least ten days prior to the date of the proposed hearing.
(D) Prior to the public hearing, the Clerk-Treasurer shall supply to the Planning and Zoning Commission the names of property owners notified and copies of the notices sent pursuant thereto.
(E) Any person or persons, other than municipal officials, desiring an amendment of the zoning map shall accompany the petition for such amendment or the ordinance introduced for this purpose, with a statement giving the names and addresses of the owners or the agent of owners of all properties within 500 feet of the perimeter of such parcel or parcels to be rezoned. Any such petitions shall be accompanied by the fee prescribed in the Permits and Approvals Fee Schedule.
(Ord. passed 12-11-90; Am. Ord. 36-1993, passed 8-18-93; Am. Ord. 2018-80, passed 11-20-18)
§ 152.999 PENALTY.
A violation of any provisions of this chapter shall be punishable by a fine of not less than $10 nor more than $50. A violation shall be considered as having been committed initially as of the date when a citation is issued. When the violation continues, each day shall constitute a new and separate offense.
(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18)