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Oak Harbor City Zoning Code

ZONING BOARD

OF APPEALS

§ 153.560 PURPOSE.

   The purpose of the Zoning Board of Appeals shall be to decide any issue involving the interpretation of the provisions contained in this chapter, to grant variances from the strict letter of the chapter in instances of practical difficulties and to authorize conditional uses as herein provided.
(Ord. 8-96, § 802.01, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)

§ 153.561 ORGANIZATION AND PROCEDURE.

   (A)   Appointment. The Planning Commission shall be the Board of Zoning Appeals.
   (B)   Organization and rules.
      (1)   The Board shall organize annually and elect a chairperson, vice chairperson and secretary from its membership. The secretary need not be a member of the Board. The Board shall adopt rules as may be necessary to carry into effect the provisions of this chapter and to exercise the powers and jurisdiction conferred upon it by the chapter.
      (2)   The chairperson shall preside at all meetings of the Board. He or she shall decide on all points of order and procedure unless otherwise directed by a majority of the Board. The chairperson may appoint committees deemed necessary to carry out the business of the Board. The chairperson may administer oaths and compel the attendance of witnesses. The chairperson's signature shall be the official signature of the Board and shall appear on all decisions as directed by the Board.
      (3)   The vice chairperson shall serve in the absence of the chairperson. He or she shall have all the powers of the chairperson during his or her absence, disability or disqualification.
      (4)   The secretary shall keep minutes of all meetings and shall be responsible for all official correspondence of the Board.
   (C)   Meetings. Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board may determine. All meetings shall be open to the public.
   (D)   Voting.
      (1)   All actions of the Board shall be taken by resolution, the vote of each member being recorded. The majority of the Board shall constitute a quorum to do business and the concurring vote of three members shall be necessary to reverse any order, requirements, decision, or determination of the Zoning Administrator.
      (2)   No member of the Board shall vote on any matter in which he or she is personally or financially interested.
   (E)   Minutes and records. The secretary of 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 facts, and shall keep records of its examinations and other official action, all of which shall be certified correct and filed in the village hall and shall be a public record.
   (F)   Witnesses and oaths. The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, and compel testimony and the production of books, papers and other evidence pertinent to any issue before the Board.
   (G)   Department assistance. The Board may call on the village departments for assistance in the performance of its duties, and it shall be the duty of such departments to render assistance to the Board as may be required.
(Ord. 8-96, § 802.02, passed 5-20-96; Am. Ord. 44-98, passed 2-1-99; Am. Ord. 09-2022, passed 12-5-22)

§ 153.562 GOVERNING GUIDELINES.

   (A)   The Board shall be governed by the provisions of all applicable state statutes, local laws, ordinances and rules set forth herein.
   (B)   The Board shall become familiar with all enacted ordinances and laws of the village under which it may be expected to act as well as with applicable state enabling legislation.
   (C)   The Board shall uphold the Zoning Code and Official Zoning Map of the village as adopted and shall serve primarily as a quasi-judicial body in the performance of its duties.
   (D)   The Board shall become familiar with the community goals, desires and policies as expressed in an adopted Comprehensive Plan and the proposals set forth therein. All decisions shall be guided by such Plan and relief only granted which will insure that the goals and policies of the Plan will be preserved, substantial justice is done and the public interest is protected. Through the performance of its duties, the Board may not act as a legislative body or, through interpretation, the granting of variances or the setting of conditions, alter the basic intent of the Zoning Code to be generally and equally applicable to all persons covered by a zoning district.
(Ord. 8-96, § 802.03, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)

§ 153.563 JURISDICTION AND POWERS.

   (A)   The Board shall operate so as to carry into effect the powers and jurisdiction conferred upon it as follows:
      (1)   To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter.
      (2)   To hear and decide on such conditional uses as the Board is specifically authorized to pass on by the terms of this chapter.
      (3)   To hear and decide upon application for variances under the terms provided in this chapter.
      (4)   To interpret the provisions of the Zoning Code or Zoning Map where there is doubt as to meaning or application. The Board shall have the specific power to:
         (a)   Interpret the precise location of the boundary lines between zoning districts.
         (b)   Interpret the classification of a use which is not specifically mentioned as a part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use, in accordance with the intent and purpose of each district.
         (c)   To exercise such other powers as may be granted to the Board by this chapter, amendment thereto or by the general laws as set forth in the Ohio Revised Code as amended.
   (B)   The Board shall not have the power to alter or change the zoning district classification of any property, nor to make any change to the terms or intent of this chapter, but does have power to act on those matters where the chapter provides for quasi-judicial review, interpretation, variance or conditional use as defined in this subchapter.
(Ord. 8-96, § 802.04, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)

§ 153.564 PROCEDURE AND REQUIREMENTS FOR APPEALS AND VARIANCES.

   Appeals and variances shall conform to the procedures and requirements of this chapter.
(Ord. 8-96, § 802.05, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)

§ 153.565 APPEALS.

   (A)   Appeals to the Zoning Board of Appeals concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the village affected by any decision of the Zoning Administrator.
   (B)   Such appeal shall be taken within 20 days after the decision by filing with the Zoning Administrator and with the Zoning Board of Appeals a notice of appeal specifying the ground upon which the appeal is being taken.
   (C)   The Zoning Administrator shall transmit to the Zoning Board of Zoning all the papers constituting the record upon which the action appealed from was taken.
(Ord. 8-96, § 802.06, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)

§ 153.567 STAY OF PROCEEDINGS.

   An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator from whom the appeal is taken certifies to the Zoning Board of Appeals after the notice of appeal is filed with him or her that, by reason of facts stated in the application, a stay would, in his or her opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Zoning Board of Appeals or by a court of record on application, with a notice to the Zoning Administrator from whom the appeal is taken.
(Ord. 8-96, § 802.08, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)

§ 153.568 VARIANCES.

   (A)   The Zoning Board of Appeals may authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in practical difficulties.
   (B)   No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance.
(Ord. 8-96, § 802.09, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)

§ 153.569 APPLICATION AND STANDARDS FOR VARIANCES.

   (A)   A variance from the terms of this chapter shall not be granted by the Zoning Board of Appeals unless and until a written application for a variance is submitted to the Zoning Administrator and Zoning Board of Appeals.
   (B)   The application shall contain:
      (1)   Name, address, and phone number of applicants.
      (2)   Legal description of property.
      (3)   A list of all property owners, including the tax mailing address, within, contiguous to, and directly across the street from the parcel upon which the variance is requested.
      (4)   Description of nature of variance requested.
      (5)   A narrative statement demonstrating that the practical difficulties incurred by the applicant.
(Ord. 09-2022, passed 12-5-22)

§ 153.570 GUIDELINES FOR GRANTING VARIANCES.

   (A)   Variances may be granted by the Board where the strict application of any provision of this Zoning Code would result in practical difficulties to the property owner. A request for a variance may be made to the Zoning Board of Appeals through the Zoning Administrator by an aggrieved property owner.
   (B)   A variance from the provisions or requirements of this Zoning Code shall not be authorized by the Board unless it finds that the following factors support the granting of the area variance:
      (1)   Whether the property will yield a reasonable return or whether there can be a beneficial use of the property without the variance;
      (2)   Whether the variance is substantial;
      (3)   Whether the essential character of the neighborhood would be substantially altered or adjoining properties suffer a "substantial detriment";
      (4)   Whether the variance would adversely affect the delivery of governmental services;
      (5)   Whether the property owner purchased the property with knowledge of the zoning restriction;
      (6)   Whether the problem can be solved by some manner other than the granting of a variance;
      (7)   Whether the variance preserves the "spirit and intent" of the zoning requirement and whether "substantial justice" would be done by granting the variance. Alleged hardships, such as theoretical loss or limited possibilities of economic advantage, shall not be considered real hardships.
   (C)   Variations to nonconforming uses and buildings.
      (1)   The Board shall have no powers to authorize, as a variance, the establishment of a nonconforming building or use, extensions of or changes in nonconforming uses where none previously existed.
      (2)   The substitution of a nonconforming use existing at the time of enactment of this Zoning Code for another nonconforming use shall be allowed; provided, no structural alterations are made except those required by law or ordinance.
      (3)   The Board shall adhere to all regulations contained in § 153.046 in acting upon all nonconforming uses and modifications thereto.
(Ord. 8-96, § 802.11, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)

§ 153.571 CONDITIONS IMPOSED BY THE BOARD.

   (A)   The Board shall have the power to impose additional conditions and safeguards other than those stated in the Zoning Code when granting variances and conditional uses. Such additional conditions shall be reasonable and necessary to promote and preserve the public safety, general welfare and economic viability of the neighborhood and community and shall be imposed solely for the purpose of minimizing the effect of the variance or conditional use on surrounding property and the community as a whole.
   (B)   Violations of such conditions and safeguards, when made a part of the terms under which the variance or conditional use is granted, shall be deemed a violation of this chapter and punishable under § 153.999.
(Ord. 8-96, § 802.12, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999

§ 153.572 LAPSES OF VARIANCES.

   A variance, once granted, shall not be withdrawn or changed unless there is a change of circumstances, or if, after the expiration of six months, no construction has taken place in accordance with the terms and conditions for which the variance was granted, the Zoning Administrator shall give a notice in writing, and 30 days thereafter the variance shall be deemed null and void and all regulations governing the premises in questions shall revert to those in effect before the variance was granted.
(Ord. 8-96, § 802.13, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)

§ 153.573 PUBLIC HEARING BY THE BOARD OF ZONING APPEALS.

   The Board of Zoning Appeals shall hold a public hearing within 40 days after the receipt of an application for an appeal or variance from the Zoning Administrator or an applicant.
(Ord. 8-96, § 802.14, passed 5-20-96; Am. Ord. 44-98, passed 2-1-99; Am. Ord. 09-2022, passed 12-5-22)

§ 153.574 NOTICE OF PUBLIC HEARING IN NEWSPAPER.

   Before holding the public hearing, notice of such hearing shall be given in one or more newspapers of general circulation in the village at least ten days before the date of the hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
(Ord. 8-96, § 802.15, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)

§ 153.575 NOTICE TO PROPERTY OWNERS.

   Before holding the public hearing, notice of such hearing shall be mailed by the chairperson of the Zoning Board of Appeals, by first class mail, at least ten days before the day of the hearing to all property owners within, contiguous to, and directly across the street from the parcel the variance is requested. The notice shall contain the same information as required of notices published in newspapers as specified in this subchapter.
(Ord. 8-96, § 802.16, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)

§ 153.576 PROCEDURE AND REQUIREMENTS FOR APPROVAL OF CONDITIONAL USE GENERALLY.

   It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation, and public facilities that each specific use must be considered individually. These specific uses as they are conditionally permitted under the provisions of §§ 153.520 through 153.586 shall follow the procedures and requirements set forth in this subchapter.
(Ord. 8-96, § 802.17, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)

§ 153.577 CONTENTS OF APPLICATION FOR CONDITIONAL USE PERMIT.

   (A)   An application for conditional use permit shall be filed with the chairperson of the Zoning Board of Appeals by at least one owner or lessee of property for which such conditional use is proposed.
   (B)   At a minimum, the application shall contain the following information:
      (1)   Name, address and phone number of applicant.
      (2)   Legal description of property.
      (3)   A list of property owners, including tax mailing address, within, contiguous to, and directly across the street from the parcel the conditional use is requested.
      (4)   Description of existing use.
      (5)   Present zoning district.
      (6)   Description of proposed conditional use.
      (7)   A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirement of this chapter.
      (8)   A narrative statement evaluating the economic effects on adjoining property, the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property, a discussion of the general compatibility with adjacent and other properties in the district, and the relationship of the proposed use to the comprehensive plan.
      (9)   Such other information as may be required.
(Ord. 8-96, § 802.18, passed 5-20-96; Am. Ord. 44-98, passed 2-1-99; Am. Ord. 09-2022, passed 12-5-22)

§ 153.578 GENERAL STANDARDS APPLICABLE TO ALL CONDITIONAL USES.

   In deciding whether to approve a conditional use, the Board shall review the particular facts and circumstances of each proposed use in terms of the following factors and shall find adequate evidence showing that such use at the proposed location:
   (A)   Will be harmonious with and in accordance with the general objectives, or with any specific objective of the village's Comprehensive Plan and the Zoning Code;
   (B)   Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area;
   (C)   Will not be hazardous or disturbing to existing or future neighboring uses;
   (D)   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewers, and schools, or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
   (E)   Will not be hazardous or disturbing to existing of future neighboring uses;
   (F)   Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare, or odors;
   (G)   Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets or roads;
   (H)   Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.
(Ord. 8-96, § 802.19, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)

§ 153.579 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

   (A)   In granting any conditional use, the Zoning Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter.
   (B)   Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this chapter and punishable as provided in § 153.999.
(Ord. 8-96, § 802.20, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999

§ 153.580 PUBLIC HEARING BY THE ZONING BOARD OF APPEALS.

   The Board shall hold a public hearing within a reasonable time after the receipt of an application for a conditional use.
(Ord. 8-96, § 802.22, passed 5-20-96; Am. Ord. 44-98, passed 2-1-99; Am. Ord. 09-2022, passed 12-5-22)

§ 153.581 NOTICE OF PUBLIC HEARING IN NEWSPAPER.

   Before holding the public hearing, notice of such hearing shall be given in one or more newspapers of general circulation in the village at least ten days before the date of the hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed conditional use.
(Ord. 8-96, § 802.23, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)

§ 153.582 NOTICE TO PROPERTY OWNERS.

   Before holding the public hearing, written notice of such hearing shall be mailed by the chairperson of the Zoning Board of Appeals, by first class mail, at least ten days before the day of the hearing to all property owners within, contiguous to, and directly across the street from the parcel the conditional use is requested. The notice shall contain the same information as required of notices published in newspapers as specified in this subchapter.
(Ord. 8-96, § 802.24, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)

§ 153.583 EXPIRATION OF CONDITIONAL USE PERMIT.

   A conditional use permit shall be deemed to authorize only one particular conditional use and the permit shall automatically expire if, for any reason, the conditional use shall cease for more than six months. The Zoning Administrator shall have the authority to issue one six-month extension of time, provided that the extension is requested before the expiration of six months from the time of the issuance of the conditional use permit.
(Ord. 8-96, § 802.25, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)

§ 153.584 DECISIONS OF THE BOARD.

   (A)   The Board shall decide all applications for variances, conditional uses and appeals within 30 days after the final hearing thereon.
   (B)   The applicant shall be notified in writing of the Board's decision and the finding of fact which were the basis for the Board's determination.
   (C)   The Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination of the Zoning Administrator as in its opinion ought to be made in the premises. The decision shall state any conditions and safeguards necessary to protect the public interest.
   (D)   In reaching a decision, the Board shall be guided by standards specified in this chapter as well as by the community goals and policies specified in the Comprehensive Plan.
   (E)   A certified copy of the Board's decision including all terms and conditions shall be transmitted to the Zoning Administrator and shall be binding upon and observed by him or her. The Zoning Administrator shall fully incorporate these same terms and conditions in the permit to the applicant whenever a permit is authorized by the Board.
   (F)   All findings and decisions shall be clearly set forth in the minutes of the Board.
   (G)   In rendering a decision, the Board should show that:
      (1)   It has considered and evaluated all available information and evidence.
      (2)   It has heard all parties in question.
      (3)   Any personal knowledge the Board may have of the subject under question has been taken into account.
      (4)   The Board has received a report on the case based upon an inspection of the parcel in question.
(Ord. 8-96, § 802.26, passed 5-20-96; Am. Ord. 44-98, passed 2-1-99; Am. Ord. 09-2022, passed 12-5-22)

§ 153.585 DUTIES OF ZONING ADMINISTRATOR, ZONING BOARD OF APPEALS, VILLAGE COUNCIL AND COURTS ON MATTERS OF APPEAL.

   (A)   It is the intent of this Zoning Code that all questions of interpretation and enforcement shall first be presented to the Zoning Administrator, and that such questions shall be presented to the Zoning Board of Appeals only on appeal from the decision of the Zoning Administrator, and that recourse from the decision of the Board shall be to the courts as provided by § 153.586 and R.C. Chapter 713.
   (B)   It is further the intent of this Zoning Code that the duties of the Village Council in connection with this subchapter shall not include hearing and deciding questions of interpretation and enforcement that may arise, these being the powers of the Zoning Board of Appeals. Under this subchapter, the Village Council shall have only the duties of considering, adopting or rejecting proposed amendments or the repeal of all or part of this chapter, as provided by law and of establishing a schedule of fees and charges.
   (C)   If, in the course of carrying out the intent of this subchapter and after review of all appeal cases brought before it, the Zoning Board of Appeals finds a series of similar irregularities or inequities, it shall be incumbent upon the Board to inform the Village Council and Planning Commission of these inadequacies in order that the Zoning Code or Zoning Map may be appropriately amended.
   (D)   If, in the course of carrying out the intent of this subchapter and after review of all appeal cases brought before it, the Zoning Board of Appeals finds a series of similar irregularities or inequities, it shall be incumbent upon the Board to inform the Village Council of these inadequacies in order that the Zoning Code or Zoning Map may be appropriately amended.
(Ord. 8-96, § 802.27, passed 5-20-96; Am. Ord. 44-98, passed 2-1-99; Am. Ord. 09-2022, passed 12-5-22)

§ 153.586 APPEAL TO COURTS.

   A person aggrieved by a decision of the Board may appeal to the Court of Common Pleas of Ottawa County, Ohio when permitted by Ohio law, including R.C. Chapter 2506.
(Ord. 8-96, § 802.28, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)