Nelsonville City Zoning Code
AMENDMENTS AND
USE VARIANCES
§ 153.255 GENERAL.
The City Council may amend or change the number, shape, area or regulations of or within any district or grant a variance for a use not otherwise principally or conditionally permitted in a zoning district, but no such amendment, change or use variance shall become effective unless the ordinance proposing it is first submitted to the Planning Commission for review and suggestions and the Planning Commission is allowed a reasonable time, not less than 30 days, for consideration and report.
(Prior Code, § 27.09.01) (Ord. 29-16, passed - -)
§ 153.256 USE VARIANCES.
(A) No appeal for a use variance for a use which is not permitted in a specific district shall not be recommended by the Planning Commission or granted by City Council unless the Planning Commission and City Council determine, by clear and convincing evidence, that an unnecessary hardship exists or will result from the literal enforcement of this chapter.
(B) The following standards shall be considered and weighed by the Planning Commission and City Council in determining whether the granting of a use variance is warranted to afford relief of an unnecessary hardship:
(1) Whether principally or conditionally permitted uses in the district may be reasonably established on the property and whether the principally or conditionally permitted uses are economically viable on the property in question without the variance;
(2) Whether the use variance is the minimum variance necessary to afford relief to the property owner, occupant, tenant or lease holder;
(3) Whether the essential character of the neighborhood will be substantially altered or adjoining properties will suffer interference with their proper future development rights as a result of the use variance;
(4) Whether the use variance requested arises from an exceptional condition or circumstance which is unique to the subject site, including, but not limited to, historical, architectural or cultural considerations and which may not be generally shared by other properties in the same zoning district or general vicinity;
(5) Whether any hardship condition was created by actions of the owner or applicant;
(6) Whether the spirit and intent of this chapter will be observed and substantial justice done by granting the use variance;
(7) Whether the use requested is similar in character to the permitted uses in the subject district;
(8) Whether the subject property is adequate to meet the needs and requirements of the proposed use; and
(9) Whether the historical, architectural or cultural significance of the building, structure or premises where the use variance is proposed will be preserved, enhanced or damaged.
(Prior Code, § 27.09.02) (Ord. 29-16, passed - -)
§ 153.257 ACTION BY PLANNING COMMISSION.
In recommending approval of a use variance, the Planning Commission may prescribe appropriate conditions, stipulations, requirements and safeguards in conformity with this chapter. Violations of such conditions, stipulations, requirements and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. In denying a use variance request, the Planning Commission shall state, in writing, which of the standards for consideration was not met and such determination shall be transmitted to the City Council as part of the Planning Commission’s recommendation.
(Prior Code, § 27.09.03) (Ord. 29-16, passed - -)
§ 153.258 ACTION BY CITY COUNCIL.
The City Council shall consider the recommendation of the Planning Commission along with the variance application, including any and all conditions, stipulations, requirements and safeguards recommended by the Planning Commission. City Council may include and attach the conditions, stipulations, requirements and safeguards recommended by the Planning Commission, may modify the recommendations of the Planning Commission and/or may prescribe such additional conditions, stipulations, requirements and safeguards as it may deem necessary and appropriate as terms and conditions under which the use variance is granted. Violations of such conditions, stipulations, requirements and safeguards, when made a part of the terms under which the use variance is granted, shall be deemed a violation of this chapter.
(Prior Code, § 27.09.04) (Ord. 29-16, passed - -)
§ 153.259 APPEALS.
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 Planning Commission or the City Council, 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 Planning Commission or the City Council.
(Prior Code, § 27.09.05) (Ord. 29-16, passed - -)
§ 153.260 HEARINGS AND NOTIFICATIONS.
Before this chapter or any measure, regulation, amendment or use variance thereto are passed, the City Council shall hold a public hearing thereon, and shall give at least 30 days’ notice of the time and place thereof in a newspaper of general circulation in the city. If the ordinance, measure or regulation intends to re-zone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the City Council Clerk, by first class mail, at least 30 days before the date of the public hearing to the owners of property having proprietary interest in land within 200 feet of any property in question and to the addresses of such owners appearing on the County Auditor’s current tax list or the City Treasurer’s mailing list, and to such other list or lists that may be specified by the City Council. The future of delivery of such notice shall not invalidate any such ordinance, measure, regulation or use variance. During such 30 days the text or copy of the text of such ordinance, measure, regulation or use variance, together with the maps or plans or copies thereof forming part of or referred to in such ordinance, measure, regulation or use variance and be on file, for public examination, in the office of the City Council Clerk, office of the City Manager or in such other location as is designated by the City Council.
(Prior Code, § 27.09.06.01) (Ord. 29-16, passed - -)
§ 153.261 APPLICATION FEES.
At the time an application for a change of any measure, regulation, amendment or use variance thereto, either change to text, zoning district or use regulation is filed, there shall be deposited with the municipality a fee determined by City Council and established by separate ordinance.
(Prior Code, § 27.09.06.02) (Ord. 29-16, passed - -)
§ 153.999 PENALTY.
It shall be unlawful for any individual, corporation or other responsible entity to locate, erect, construct, reconstruct, enlarge, structurally alter, maintain or use any building or land in violation of any regulation or any provisions of this chapter or any amendment. Whoever violates this chapter shall be deemed guilty of a minor misdemeanor, and, upon conviction thereof, shall be fined not more than permitted by law for each day during which such illegal location, erection, construction, reconstruction, enlargement, structural alteration, maintenance or use continues may be deemed a separate offense.
(Prior Code, § 27.07.02.01)