New Concord City Zoning Code
CHAPTER 1189
Board of Zoning Appeals
1189.01 ESTABLISHMENT AND APPOINTMENT OF BOARD OF ZONING APPEALS MEMBERS.
A Board of Zoning Appeals is hereby established which shall consist of five (5) electors appointed by the Mayor. The Mayor shall choose a successor to fill any vacancy. The five (5) electors first appointed shall serve for terms of one (1), two (2), three (3), four (4), and five (5) years, respectively; thereafter appointments shall be for five (5) year terms, beginning January 1st. Each member shall serve until his successor is appointed and qualified. Vacancies shall be filled by the Mayor and shall be for the respective unexpired term. The members of the Board of Zoning Appeals may receive such compensation as the Council provides.
(Ord. K-5-94-2. Passed 5-9-94.)
1189.02 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. The Board shall organize annually and elect a president, vice president and secretary. The Board shall adopt from time to time such rules and regulations as it may deem necessary to effectuate the provisions of this Ordinance.
(Ord. K-5-94-2. Passed 5-9-94.)
1189.03 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 Clerk and shall be a public record.
(Ord. K-5-94-2. Passed 5-9-94.)
1189.04 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 under such regulations as it may establish.
(Ord. K-5-94-2. Passed 5-9-94.)
1189.05 POWERS AND DUTIES.
The Board of Zoning Appeals shall have the following powers and it shall be its duty:
(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 Inspector in the enforcement of this Ordinance or any amendments thereto. The Board shall also interpret provisions of this Ordinance as needed to carry out the purpose and intent of this Ordinance. This includes interpretation of the Zoning District Map of New Concord when and if questions arise as to the boundaries of zoning districts.
(b) To consider variances from the dimensional and measurable standards of this Ordinance where it alleged that the special and unique circumstances create conditions where the literal enforcement of such standards will create and unnecessary hardship. (Ord. K-5-94-2. Passed 5-9-94.)
1189.06 DEPARTMENT ASSISTANCE.
The Board may call upon the various officials and employees of the Municipality 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.
(Ord. K-5-94-2. Passed 5-9-94.)
1189.07 APPLICATIONS.
An application, in a case in which the Board has original jurisdiction under the provisions of this Ordinance, may be taken by any person aggrieved, 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. A fee shall be charged for applications in an amount consistent with a resolution adopted by the Village Council.
(Ord. K-5-94-2. Passed 5-9-94.)
1189.08 HEARINGS AND NOTIFICATION.
The Board shall fix a reasonable time for a hearing of a matter to come before it, and shall give at least ten (10) days public notice thereof in a newspaper of general circulation in the Municipality and at least a ten (10) day notice to parties having proprietary interest in land within two hundred (200) feet of any property in question. At this hearing any party may appear in person or by a representative. The hearings of the Board shall be public. However, the Board may recess for discussion but not vote on any case before it.
(Ord. K-5-94-2. Passed 5-9-94.)
1189.09 DECISIONS OF THE BOARD.
The Board shall decide all applications and appeals within thirty (30) days after the final hearing thereon. A certified copy of the Board's decision shall be transmitted to the Zoning Inspector and to the applicant. Such decision shall be binding upon the Zoning Inspector and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant whenever a permit is authorized by the Board.
(Ord. K-5-94-2. Passed 5-9-94.)
1189.10 APPEALS BASED ON ALLEGED ERRORS OR MATTERS OF INTERPRETATION.
An appeal to the Board involving an alleged error of interpretation by the Zoning Inspector, or a matter of interpretation, may be taken by any person aggrieved or by an officer of the Municipality affected by any decision of the Zoning Inspector, or the matter of the interpretation. (Ord. K-5-94-2. Passed 5-9-94.)
1189.11 CRITERIA FOR APPROVAL OF A CHANGE OF NONCONFORMING USES.
To approve a substitution of a new nonconforming use for an existing nonconforming use the Board must find that proposed nonconforming use is substantially similar to the existing nonconforming use in terms of impact on the neighborhood. The Board may impose additional requirements upon the new nonconforming use as may be considered reasonable to minimize impacts upon surrounding property. An expansion of a nonconforming use may only be approved if it is found that such expansion will not be detrimental to the neighborhood.
(Ord. K-5-94-2. Passed 5-9-94.)
1189.12 EXPIRATION OF APPROVAL TO CHANGE NONCONFORMING USES.
Approval of a change of nonconforming 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 two (2) years.
(Ord. K-5-94-2. Passed 5-9-94.)
1189.13 VARIANCES.
The Board shall have the power to authorize such variances from the dimensional provisions or requirements of this Ordinance as will not be contrary to the public interest.
(Ord. K-5-94-2. Passed 5-9-94.)
1189.14 REQUIREMENTS TO GRANT A VARIANCE.
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 Ordinance. The Board may grant a variance in the application of the provisions of the Zoning Ordinance only if all of the following findings are made:
(a) 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.
(b) That because of such physical circumstances or conditions the property cannot be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable reasonable use of the property.
(c) That such unique conditions have not been created by the appellant.
(d) 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.
(e) 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. (Ord. K-5-94-2. Passed 5-9-94.)