Nelsonville City Zoning Code
BOARD OF
ZONING APPEALS
§ 153.230 ORGANIZATION OF THE BOARD OF ZONING APPEALS.
The City Board of Zoning Appeals has been established and organized under Charter § 7.06.
(Prior Code, § 27.08.02.01)
§ 153.231 POWERS AND DUTIES.
The Board of Zoning Appeals shall have the following powers and duties:
(A) To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this chapter or any amendments thereto. The Board shall also interpret provisions of this chapter as needed to carry out the purpose and intent of this chapter. This includes interpretation of the zoning map when and if questions arise as to the boundaries of zoning districts;
(B) To consider variances from the terms, provisions or requirements of this chapter as will not be contrary to the public interest; so that the spirit of the code shall be observed, public safety and welfare secured and substantial justice done;
(C) To review and act upon applications for conditional uses; and
(D) To review and act upon changes to non-conforming uses.
(Prior Code, § 27.08.02.02)
§ 153.232 ALLEGED ERRORS OR MATTERS OF INTERPRETATIONS.
An appeal to the Board involving an alleged error of interpretation by the Zoning Officer, or a matter of interpretation, may be made by any person aggrieved or by an officer of the city affected by any decision of the Zoning Officer or the matter of the interpretation.
(Prior Code, § 27.08.02.03)
§ 153.233 VARIANCES.
(A) In authorizing a variance, the Board may attach conditions and require such guarantee or bond as it may deem necessary to assure compliance with the objectives of this chapter.
(B) The Board may grant a variance in the application of the provisions of this chapter only if all of the following findings are made:
(1) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions that do not apply generally to other properties in the neighborhood or district in which the property is located;
(2) That because of such physical circumstances or conditions the property cannot be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefor necessary to enable reasonable use of the property;
(3) That such unique conditions have not been created by the appellant;
(4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and
(5) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(Prior Code, § 27.08.02.04)
§ 153.234 CONDITIONAL USES.
(A) (1) Within zoning districts, there may be uses listed as conditional.
(2) The Board of Zoning Appeals shall have the power to decide applications for conditional uses in those cases specified in this chapter.
(3) In considering such applications, the Board shall give due regard to the nature and condition of all adjacent uses and structures and may impose such requirements and conditions as the Board may deem necessary for the protection of adjacent properties and the public interest, which includes additional landscaping, screening, buffering or other site design modifications.
(B) To approve a conditional use, the Board must find that all of the following conditions are true:
(1) That the proposed use is in fact listed as conditional use in the zoning district;
(2) That the proposed use will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity;
(3) That the proposed use will not be hazardous or disturbing to existing or future neighboring uses;
(4) That the proposed use would be served adequately by essential public services such as highways, police and fire, drainage, refuse disposal, water and sewer or schools;
(5) That the proposed use will not create excessive additional requirements at public cost for facilities or services, unless the City Council agrees, in writing, to provide such facilities or services;
(6) That the proposed use will not involve activities, processes, materials, equipment or conditions of operation that would be detrimental to the neighborhood because of excessive traffic, noise, smoke or odors; and
(7) That the proposed use will not have vehicular approaches to the property that will create interference with traffic movement.
(Prior Code, § 27.08.02.05) (Ord. 17-19, passed 4-22-2019)
§ 153.235 EXPIRATION OF APPROVAL OF CONDITIONAL USES.
Approval of a conditional use shall be deemed to authorize only one particular conditional use. Such approval shall expire if such use has not been instituted in one year or if discontinued for more than one year.
(Prior Code, § 27.08.02.06)
§ 153.236 CHANGE TO NON-CONFORMING USES.
(A) To approve a substitution of a new non-conforming use for an existing non-conforming use, the Board must find that the proposed non-conforming use is substantially similar to the existing non-conforming use in terms of impact on the neighborhood.
(B) The Board may impose additional requirements upon the new non-conforming use as may be considered reasonable to minimize impacts upon surrounding property.
(C) An expansion of a non-conforming use may only be approved if it is found that such expansion will not be detrimental to the neighborhood.
(Prior Code, § 27.08.02.07)
§ 153.237 EXPIRATION OF APPROVAL OF CHANGES TO NON-CONFORMING USES.
Approval of a change to non-conforming uses shall be deemed to authorize only one particular use. Such approval shall expire if such use has not been instituted in one year or if discontinued for more than one year.
(Prior Code, § 27.08.02.08)
§ 153.238 HEARINGS AND RULES.
The hearings of the Board of Zoning Appeals shall be public. However, the Board may go into executive session for discussion according to applicable laws, but not for vote on any case before it.
(Prior Code, § 27.08.02.09)
§ 153.239 MINUTES AND RECORDS.
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 actions; all of which shall be immediately filed in the office of the City Auditor and shall be a public record.
(Prior Code, § 27.08.02.10)
§ 153.240 WITNESSES AND OATHS.
The Board shall have the power to subpoena witnesses, administer oaths and punish for contempt, and may require the production of documents as it may deem necessary.
(Prior Code, § 27.08.02.11)
§ 153.241 DEPARTMENT ASSISTANCE.
The Board may call upon the various officials and employees of the city for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
(Prior Code, § 27.08.02.12)
§ 153.242 APPLICATIONS.
(A) An application, in a case in which the Board has original jurisdiction under the provisions of this chapter, may be submitted to the Zoning Officer who shall transmit the application to the Board. Applications concerning an alleged error in determination of the Zoning Officer or appeal from a refused application must be submitted within 30 days of said determination.
(B) Applications for conditional or special or change to non-conforming use shall be properly advertised for hearing and transmitted to the Board for consideration at its next regular meeting.
(C) Application fees for hearings under the original jurisdiction of the Board shall be determined by City Council and established by separate ordinance.
(Prior Code, § 27.08.02.13)
§ 153.243 NOTIFICATION.
(A) The Board shall fix a reasonable time for a hearing of a matter to come before it, and shall give at least ten days public notice thereof in a newspaper of general circulation in the municipality and at least ten days notice to parties having proprietary interest in land within 200 feet of any property in question.
(A) At the hearing, the applicant party must appear in person or by a representative. Any other interested party may appear in person or by a representative. The hearings of the Board shall be public.
(Prior Code, § 27.08.02.14)
§ 153.244 DECISIONS OF THE BOARD.
(A) The Board shall decide all applications and appeals within 30 days after the final hearing thereon, a copy of the Board’s decision shall be transmitted to the Zoning Officer and to the applicant. Such decision shall incorporate the terms and conditions of the same in the permit as authorized by the Board.
(B) In accordance with R.C. §§ 2505.03 and 2506.01, any person or persons, jointly or severally aggrieved by any final order, adjudication or decision of the Board, or any resident, or any officer, department or appointed body of the municipality, may request review by the County Court of Common Pleas and present a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of the illegality. Such petition shall be presented to the Court within 30 days after the decision of the Board.
(Prior Code, § 27.08.02.15)