North Royalton City Zoning Code

   A Board of Zoning Appeals is hereby established to assist in the administration of this Zoning Code, particularly to hear and decide applications for exceptions to and variances from the strict letter of this Zoning Code. The Board is established to achieve, among others, the following purposes:

   (a)   To provide a method for alleviating practical difficulty or unnecessary hardship by allowing a reasonable use for individual parcels of property which, because of unusual or unique circumstances, may be denied a reasonable use by literal application of the terms of this Zoning Code;

   (b)   To review and/or appeal any order, requirement, decision or determination made by the Building Commissioner, administrative official or agency in regard to the zoning ordinances, giving due deference to a public official's exercise of discretionary powers and duties;

   (c)   To provide an administrative board, independent from all other City boards and commissions, to act only pursuant to and in accordance with the standards established by the Council to hear and decide appeals which are to be tried over again from the beginning (de novo);

   (d)   To hear requests for variances from the application of the Residential Code of Ohio; and

   (e)   To ensure that decisions and the granting of variances will sustain the constitutionality of this Zoning Code and to be in compliance with the objectives of the Master Plan.

(Ord. 1970-232. Passed 9-15-71; Ord. 13-118. Passed 9-17-13; Ord. 13-152. Passed 2-4-14.)

   Appointment of members of the Board of Zoning Appeals shall conform to rules outlined in this section. The Board shall consist of five members, one member from Council and the remaining four (all of whom shall be residents of North Royalton) to be appointed by the Mayor with the approval of a majority of the Council members. The terms of all members appointed by the Mayor shall be three years and so arranged that the terms of no more than two members will expire in the same year. Each member shall serve until his or her successor is appointed and qualified.

(Ord. 1987-122. Passed 11-4-87; Ord. 02-118. Passed 9-3-02.)

   The Board of Zoning Appeals shall elect, every year from among its members, a Chairperson and a Vice Chairperson. The Board shall adopt rules and regulations not inconsistent with this Zoning Code, as may be necessary to carry into effect the duties, powers and responsibilities conferred herein. The powers and duties of the Board shall be:

   (a)   To hear appeals and decide any issues involving the application of impartial considerations and judgments in regard to decisions made by the Building Commissioner or any other administrative officer on matters relating to this Zoning Code, for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits;

   (b)   To hear and decide upon applications for variations from the terms provided in this Zoning Code, subject to the standards set forth in Section 1264.08; and

   (c)   To hear and decide all matters specifically referred to it for decision in other sections of this Zoning Code.

(Ord. 1970-232. Passed 9-15-71.)

   (a)   An appeal from any notice, order or decision of the Building Commissioner, other officer or agency, with regard to an application for a building permit, issuance of a stop order, specific referral, or some similar action, may be made to the Board of Zoning Appeals by any person believing himself or herself aggrieved or by any officer of the City affected by any such official action.

   (b)   To be considered, the appellant shall, within fifteen days after the date of such decision, file, in the office of the Building Commissioner, a notice of appeal specifying the decision or section of this Zoning Code from which the appeal is sought, the error alleged and all necessary data, in accordance with the form provided by the City.

   (c)   Public Hearing by the Board of Zoning Appeals. The Board of Zoning Appeals shall hold a public hearing within 60 days from the date the appeal is filed with the Board of Zoning Appeals.

   (d)   Notice of Public Hearing. Notices of the time and place of a public hearing shall be mailed to the appellant and to the affected property owners (owners of property contiguous to the property in question, and across the street therefrom, or within 500 feet, whichever is the most inclusive) as they appear in the current records of the County Auditor, or be published, once a week for two successive weeks prior thereto, in two newspapers of general circulation in the City. In addition, such notices shall be posted on the posting boards established by City Council.

   (e)   Review by Board. The Board of Zoning Appeals shall review the notice, order or decision of the Building Commissioner, other officer, or agency and all relevant evidence submitted by the parties. The Board of Zoning Appeals shall uphold the notice, order, or decision of the Building Commissioner, other officer, or agency unless it finds, by clear and convincing evidence, that there is a gross abuse of authority, or fraud or collusion.

(Ord. 1970-232. Passed 9-15-71; Ord. 13-118. Passed 9-17-13.)

   (a)   The Board of Zoning Appeals shall schedule regular monthly meetings to conduct business as required.

   (b)   The Board shall act within sixty days after such an appeal is presented at the regular meeting of the Board at which all required information is provided. Failure to act within such period shall be considered approval of the appeal unless an extension of time is mutually agreed upon. Before making any decision on an appeal, the Board may hold a public hearing or hearings, at such times as shall be determined by the Board itself. Notices of the time and place of hearing shall be mailed to the appellant and to the affected property owners (owners of property contiguous to the property in question, and across the street therefrom, or within 500 feet, whichever is most inclusive) as they appear in the current records of the County Auditor, or be published, once a week for two successive weeks prior thereto, in two newspapers of general circulation in the City of North Royalton. In addition, such notices shall be posted on the posting boards established by City Council.

   (c)   The Board shall hear and decide appeals de novo and shall review and/or appeal any order, requirement, decision or determination made by the Building Commissioner in the enforcement or application of this Zoning Code. Within its powers, the Board may reverse or affirm, wholly or in part, or modify, any such order, requirement, decision or determination as, in its opinion, ought to be made under the circumstances, and to that end it shall have all the powers of the officer from whose decision the appeal is taken.

   (d)   All hearings conducted by the Board shall be open to the public. Any person may appear and testify at a hearing, either in person or by duly authorized agent or attorney. The Board shall have the power to subpoena and require the attendance of witnesses, to administer oaths, to compel testimony, and to produce reports, findings and other evidence pertinent to any issue referred to it for decision.

(Ord. 1970-232. Passed 9-15-71. Ord. 97-183. Passed 1-6-98.)

   Three members shall constitute a quorum for action by the Board of Zoning Appeals. The Board shall act by resolution, in which a majority of the Board concur, and every variation granted or denied shall be accompanied by a written finding of fact, based on testimony and evidence and specifying the reason for granting or denying the variation.

   A member of the Board shall not be qualified to vote if he or she has not attended the hearing, or if he or she has a direct or indirect interest in the issue appealed.

(Ord. 1970-232. Passed 9-15-71.)

   The Board of Zoning Appeals is authorized to engage the services of a Secretary and shall provide a detailed report of all its proceedings, setting forth its reasons for decisions, the vote of each member participating therein and the absence of a member or his or her failure to vote. Immediately following the Board's decision, such record, including conditions prescribed by the Board, shall be filed and posted for two weeks in the office of the Building Commissioner. The report shall be open to public inspection and copies shall be mailed forthwith to each interested party noted therein.

(Ord. 1970-232. Passed 9-15-71.)

   The Board of Zoning Appeals shall have the power, in specific cases, to vary the application of certain provisions of this Zoning Code, in order that the public health, safety, morals and general welfare may be safeguarded and substantial justice done.

   A request for variance may be submitted to the Board of Zoning Appeals by the owner of the property involved or person having a legal interest in such property or acting under written authority of the owner. Requests shall be filed with the Building Commissioner upon the forms provided, and shall be reviewed by the Board pursuant to Section 1264.03, and in accordance with the following procedures:

   (a)   Submission Requirements. A request for a variation from a numerical standard in this Zoning Code shall be accompanied by the following requirements necessary to convey the reasons for the requested variance:

      (1)   Name, address and phone number of applicant(s);

      (2)   Proof of ownership, legal interest or written authority;

      (3)   Description of property or portion thereof;

      (4)   Description or nature of variance requested;

      (5)   Narrative statements establishing and substantiating the justification for the variance pursuant to Section 1264.08(e);

      (6)   Site plans/floor plans/elevations or other drawings at a reasonable scale to convey the need for the variance;

      (7)   Payment of the application fee as established by Council;

      (8)   Any other documents deemed necessary by the Building Commissioner.

   (b)   Review for Completeness by the Building Commissioner or His/Her Designee. Upon receipt of a written request for variance, the Building Commissioner or his/her designee shall make a preliminary review of the request to determine whether such application provides the information necessary for review and evaluation and if it is determined that such application does not provide the information necessary for such review and evaluation, the Building Commissioner or his/her designee shall so advise the applicant of the deficiencies and shall not further process the application until the deficiency is corrected.

   (d)   Notice of Public Hearing. Notices of the time and place of a public hearing shall be mailed to the appellant and to the affected property owners (owners of property contiguous to the property in question, and across the street therefrom, or within 500 feet, whichever is the most inclusive) as they appear in the current records of the County Auditor, or be published, once a week for two successive weeks prior thereto, in two newspapers of general circulation in the City of North Royalton. In addition, such notices shall be posted on the posting boards established by City Council.

   (e)   Review by Board. The Board of Zoning Appeals shall review each request for a variance to determine if such request complies with the purpose and intent of this Zoning Code and the Master Plan, and the applicant can demonstrate that the literal enforcement of this Code will result in practical difficulty or, in the case of a use variance, unnecessary hardship.

      (1)   The following factors shall be considered and weighed by the Board in determining practical difficulty:

         A.   Whether there can be any beneficial use of the property without the variance;

         B.   Whether the variance is substantial or is the minimum necessary to make possible the reasonable use of the land or structures;

         C.   Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;

         D.   Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage collection);

         E.   Whether the variance sought is for relief from a zoning provision which was enacted after the creation of an existing condition or circumstance to the property in question;

         F.   Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same Zoning District; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures or conditions;

         G.   Whether the property owner's predicament feasibly can be obviated through some method other than a variance;

         H.   Whether the granting of the variance will not create a nonconforming lot pursuant to Section 1270.16 of the Zoning Code;

         I.   Whether special conditions or circumstances exist as a result of actions of the owner, including but not limited to, owner’s willful failure to comply with relevant building or zoning codes;

         J.   Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance.

      (2)   No variance shall be granted to allow a use not permissible under the terms of this Zoning Code in the zoning district in which the property is located unless the board finds that the applicant will suffer unnecessary hardship if strict compliance with the terms of the Code is required and such hardship must be demonstrated by clear and convincing evidence as to all of the following criteria:

         A.   Where the literal application of the provisions of this Zoning Code would result in no economically viable use of the property for any purpose for which the property is zoned and thereby creating unnecessary hardship(s) unique to the property and not based on conditions created by the owner. (A theoretical loss or limiting possibilities of economic advantage are general hardships, not unnecessary hardships.)

         B.   Where other exceptional circumstances or conditions (such as topographical or geological conditions, or type of adjoining development) are unique to the property involved and do not apply to other property within the same zone unless the same exceptional circumstances or conditions exist.

         C.   Where granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located; and

         D.   Where the granting of a variance will not be contrary to the general purpose, intent and objectives of this Zoning Code and the Master Plan of the City of North Royalton; and

         E.   The variance sought is the minimum which will afford relief to the applicant.

      (3)   No variance shall be granted to allow for the expansion or substitution of a lawful non-conforming use unless the board finds that the applicant will suffer unnecessary hardship if strict compliance with the terms of the Code is required and such hardship must be demonstrated by clear and convincing evidence as to all of the following criteria:

         A.   Whether the applicant’s current non-conforming use has been reduced, modified, or eliminated;

         B.   Whether the applicant’s non-conforming expansion or substitution use variance is reasonable for the zoned area. (A material or significant expansion or substitution is not reasonable);

         C.   Whether other non-conforming parcels are located within the zoned area;

         D.   Whether the expansion or substitution of the non-conforming use is less detrimental to the zoned area than the existing non-conforming use of the property;

         E.   Whether the expansion or substitution of the non-conforming use is immaterial, nominal, or a minimal addition or expansion of the use (20% or less expansion is considered minimal);

         F.   Whether the essential character of the neighborhood would be altered or whether adjoining properties would suffer any greater detriment as a result of the expansion or substitution of the non-conforming use;

         G.   Whether the expansion or substitution of the non-conforming use would adversely affect the delivery of governmental services (e.g. water, sewer, garbage collection);

         H.   Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same Zoning District;

         I.   Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance;

         J.   Whether the proposed expansion or substitution will create a new or different non-conforming use;

         K.   Whether the expansion or substitution of the non-conforming use will create a nuisance or a threat to public safety.

   (f)   Action by Board of Zoning Appeals. After the public hearing required in subsection (c) hereof, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified subsection (g) hereof, or disapprove the request for variance. The Board shall further make a finding in writing that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure.

   (g)   Conditions and Limitations by Board. The Board of Zoning Appeals may further prescribe any conditions, stipulations, safeguards and limitations on the duration of the variance so authorized as the Board determines and prescribes. Any variance when so issued by the Building Commissioner upon order of the Board shall set forth such conditions, stipulations, safeguards and duration limit. The Board may not extend the scope or extend the duration of a variance previously issued upon its order. Any additional action so desired may be effected only upon application to the Building Commissioner for approval of a new variance in accordance with the provisions of this Zoning Code.

(Ord. 1970-232. Passed 9-15-71. Ord. 97-183. Passed 1-6-98; Ord. 16-144. Passed 10-4-16; Ord. 21-153. Passed 10-5-21; Ord. 26-125. Passed 7-21-26.)

   (a)   The Board of Zoning Appeals shall hear requests from variances from the application of the Residential Code of Ohio. A request for a variance or appeal from application of any aspect of the Residential Code of Ohio may be made to the Board of Zoning Appeals by any person believing himself or herself aggrieved of or by any officer of the City affected by any such official action.

   (b)   To be considered, the appellant shall, within 30 days after the date of such decision, file, in the office of the Building Commissioner, a notice of appeal specifying the decision or section of the Residential Code of Ohio from which the appeal is sought, the error alleged and all necessary data, in accordance with the form provided by the City.

   (c)   Public Hearing by the Board of Zoning Appeals. The Board of Zoning Appeals shall hold a public hearing within 60 days from the date the appeal is filed with the Board of Zoning Appeals.

   (d)   Notice of Public Hearing. Notices of the time and place of a public hearing shall be mailed to the appellant and to the affected property owners (owners of property contiguous to the property in question, and across the street therefrom, or within 500 feet, whichever is the most inclusive) as they appear in the current records of the County Auditor, or be published, once a week for two successive weeks prior thereto, in two newspapers of general circulation in the City. In addition, such notices shall be posted in the manner established by City Council.

   (e)   Review by Board. The Board of Zoning Appeals shall review the notice, order or decision of the Building Commissioner, other officer, or agency and all relevant evidence submitted by the parties. The Board of Zoning Appeals shall uphold strict compliance with the Ohio Residential Code and any related order/decision of the Building Commissioner, other officer, agency, unless it finds, by clear and convincing evidence, that there is a gross abuse of authority, or fraud or collusion.

(Ord. 13-152. Passed 2-4-14.)

   (a)   A variance, once granted, shall not be withdrawn or changed unless there is a change of circumstances. Further:

      (1)   If, after the expiration of one year, no substantial construction has begun and the variance request and approval were not a portion of a plan approved further by the Planning Commission, the variance shall be deemed null and void.

      (2)   If, however, the variance approvals have become part of a plan which ultimately has been approved by the Planning Commission, these variance approvals shall remain in effect as part of that plan, including any extension period granted by the Planning Commission and Council.

(Ord. 94-87. Passed 5-17-94.)

   (b)   If an appeal has been denied by the Board, it need not reconsider the same appeal if it is resubmitted within six months after the date of the decision unless the underlying conditions have substantially changed.

(Ord. 1970-232. Passed 9-15-71.)

   (EDITOR'S NOTE: Section 1264.10 was repealed by Ordinance 16-92, passed June 7, 2016.)

   A person aggrieved by a decision of the Board of Zoning Appeals may, within thirty days after the filing of such decision, appeal to the Court of Common Pleas of Cuyahoga County under Ohio R.C. Chapter 2506.

(Ord. 1972-180. Passed 7-17-74; Ord. 16-92. Passed 6-7-16.)

   The members of the board shall receive such compensation as Council shall from time to time determine by Ordinance.

(Ord. 91-152. Passed 6-4-91; Ord. 99-31. Passed 4-20-99.)

   (a)   The position of Secretary to the Board of Zoning Appeals is hereby established.

   (b)   The Secretary shall be appointed by the Mayor.

   (c)   The functions, duties and responsibilities of the Secretary shall be as follows:

      (1)   Attending all meetings of the Board and acting as recording secretary;

      (2)   Maintaining accurate and timely records of all meetings of the Board;

      (3)   Arrange for transcription of timely and accurate minutes of all regular and special meetings of the Board. All meetings are required to be audio taped as outlined in Section 212.03 of the Codified Ordinances of the City;

      (4)   Preparing the agenda for all meetings of the Board;

      (5)   Attending all public hearings being conducted by the Board;

      (6)   Answering all inquiries directed to the Board or directing inquiries to the proper City official for answer or disposition; and

      (7)   Transmitting, when necessary, to other City officials, all records of meetings or hearings conducted by the Board when requested by the Chairperson of the Board or when requested by other proper department heads.

(Ord. 98-116. Passed 9-1-98; Ord. 01-95. Passed 7-17-01; Ord. 03-149. Passed 12-1-03; Ord. 14-17. Passed 2-18-14; Ord. 21-153. Passed 10-5-21.)