Oberlin City Zoning Code

CHAPTER 1325

Zoning Board of Appeals

1325.01 COMPOSITION, APPOINTMENT AND TERMS.

The Zoning Board of Appeals shall consist of five members, appointed by Council for terms of five years each, as established by the City Charter Section XIX B and C.

(Ord. 02-67 AC CMS. Passed 7-1-02.)

1325.02 HEARINGS, OFFICERS, QUORUM AND RULES.

The hearings of the Zoning Board of Appeals shall be public and shall be held at the call of the Chair. The Board shall organize annually and elect a Chair, and Vice-Chair. The Board may adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Ordinance, subject to City Council approval. The Board shall keep a record of its proceedings showing the action of the Board and the vote of each member upon each question considered. The presence of three members shall be necessary to hold a meeting. Concurrence of three members of the Board is necessary to approve, disapprove or make any recommendation. A member of the Board shall not vote on an issue before the Board if he/she has not attended the public hearing concerning same. The Board shall hear the testimony of any interested party. The Board shall have the power to subpoena witnesses and shall administer oaths, and may require the production of documents, under such regulations as it may establish. Upon the failure of any person to answer in response to a subpoena or other requirement, application may be made to the appropriate court for a compelling order. The Board may go into executive session as permitted by State law.

(Ord. 02-67 AC CMS. Passed 7-1-02.)

1325.03 FEE FOR FILING APPEAL.

An appeal filed under this chapter shall be accompanied by a fee in such amount as provided for by ordinance.

(Ord. 02-67 AC CMS. Passed 7-1-02.)

1325.04 APPEALS; HEARING PROCEDURE.

Appeals may be taken to and before the Zoning Board of Appeals by any person aggrieved as a result of a formal action taken, in writing, by the Chief Building Official, Residential Building Official, or any administrative officer in matters related to this Zoning Code, unless a specific appeal procedure is otherwise provided for either in or by the Zoning Code. An appeal shall be taken within ten (10) days from the date of the action by filing the following:

(a) A notice of appeal specifying the grounds thereof;

(b) A list of the names and addresses of all property owners within a 200-foot radius of the property for which the appeal is taken;

(d) A detailed plot plan, specifications and description of the proposed building, addition or remodeling, where applicable; and

(e) Payment of the filing fee as specified by Section 1325.03 of this Zoning Ordinance.

The Director of Planning and Zoning, when the foregoing have been filed with him/her, shall arrange a public hearing with the Board and he/she shall immediately transmit the information filed and a copy of the decision on which the appeal is based to the members of the Board.

The Board shall fix a reasonable time for a hearing to be held on the appeal and shall give notice of the hearing by certified mail, return receipt requested, upon the appellant and those property owners within a 200-foot radius of the property for which the appeal is taken, and shall process an additional notice by a legal ad published once in a newspaper having a general circulation in the City, all of such notices to be sent and published at least two weeks before the date set for the hearing.

At the hearing any person may appear and testify. All persons wishing to testify shall do so under oath. Both the appellant and the person/body whose decision is being appealed shall not only have the right to present testimony, but shall also have the right of cross-examination.

The entire record of the proceedings shall be taken either by tape recorder or by shorthand or stenotype recording. Tapes that are transcribed need not be preserved beyond the appeal period under Section 1325.06.

The Board shall render its decision within ten (10) days from the conclusion of the hearing. Upon failure to render a decision within ten (10) days of the hearing, it shall be deemed that the appeal has been decided adversely to the appellant.

Notice of the Board's decision shall be sent by certified mail to the appellant. Each party receiving notice of the Board meeting shall also receive notice of its decision, but such notice need not be by certified mail.

(Ord. 11-22 AC CMS. Passed 4-18-11.)

1325.05 JURISDICTION; VARIANCES.

(a) Authority. Upon hearing an appeal or variance application, the Zoning Board of Appeals shall have the following authority provided in the case of an appeal, the appeal has been perfected in accordance with the provisions of Section 1324.04:

(1) To review the actions of the administrative officer from which the appeal is taken and render a determination as to whether the actions of the officer are in accordance with the ordinances of the City. If the Board finds that the actions are not in accordance with City ordinances, the Board shall reverse the actions and render findings and judgment in accordance with such ordinances.

(2) If the Board determines that the actions of the administrative officials are in accordance with the ordinances of the City, upon proper application, it shall hear evidence on the questions of permitting either an exception or a variance to such ordinances.

(b) Variances and Exceptions. The following are the classes of exceptions and variances that the Zoning Board of Appeals may properly authorize when they are brought before the Board:

(1) Approve exceptions and modifications to the height, side, front or rear setback line or lines or area regulations as prescribed in City ordinances;

(2) Permit the extension of an existing building on the same lot, but not into another zoning district;

(3) Grant a permit for a temporary building or use incidental to a development. Such permit shall be issued for an initial period of not more than two years and, in the case of a building, only upon written application to the City accompanied by a receipted bill of sale of such building, effective in case the building is not removed prior to the expiration of the permit;

(4) Permit the reconstruction within twelve months of a nonconforming building which has been damaged by explosion, fire, act of God or the public enemy. If the damage is less than fifty percent of the fair market value of the building, no variance approval from the Zoning Board of Appeals is necessary. If the damage is more than ninety percent of the fair market value of the building, reconstruction is not permissible and a variance cannot be granted therefore.

Determination of the percent of damage shall be made by the Zoning Board of Appeals based on the report of three (3) practicing building construction contractors, one to be selected by the owner, one to be appointed by the City, and the third to be selected by the mutual consent of the two (2) parties. The fair market value of the building shall be determined by the fair market value as set forth in the records of the County Auditor.

(5) Variances, on a hardship basis where the applicant shows that a strict application of City ordinances:

A. Relating to the construction, alteration, or extension of a building, will impose upon the property practical difficulties; or

B. Relating to the use of building, will impose a particular hardship(s) upon the property owner;

(6) Extend a nonconforming use within a building or change one nonconforming use to a use of the same or similar character or to a more restricted classification within a building;

(7) Hear and decide appeals and requests for variances from requirements of Chapter 1191: Flood Damage Prevention of the Codified Ordinances, as provided for under Section 1191.06 of the Code.

(8) Approve exceptions and modifications to the height, location, size and regulations for all types of permitted signs.

(c) Findings of the Board. In granting any of the foregoing exceptions and/or variances, the Board shall make the following findings:

(1) That the exception or variance is upon one of the foregoing grounds, subsections (b)(l) through (6), inclusive, and specify the same;

(2) That the proposed exception or variance is not found to:

A. Be unreasonable and unnecessary;

B. Be contrary to the public interest;

C. Impair an adequate supply of air and light to adjacent property;

D. Unreasonably increase congestion of public streets;

E. Increase the danger of fire or endanger the public safety;

F. Unreasonably diminish or impair established property values in the surrounding areas; and

G. In any respect, impair the public health, safety, or general welfare of the inhabitants of the City.

(3) In addition, for variances under subsection (b)(S) above, the Board shall define the specific practical difficulty/difficulties or hardship found by the Board.

(4) In the event the foregoing findings of fact, where applicable, are not made, the Board shall disapprove the exception or variance.

(d) For appeals which relate solely to area requirements, the Board shall consider and weigh the following factors in determining whether the appellant has shown practical difficulties in the use of the property:

(1) Whether the property will yield a reasonable return or whether there can be any beneficial use of the property without a variance;

(2) Whether the variance is substantial;

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

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

(5) Whether the property owner purchased the property with knowledge of the zoning restriction;

(6) Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and

(7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done in granting the variance.

(Ord. 18-48 AC CMS. Passed 6-18-18.)

1325.06 APPEAL OF BOARD'S DECISION TO COURT.

Any inhabitant of the City, any property owner affected or party to the appeal may, within thirty days (30) of the date of the decision of the Zoning Board of Appeals, appeal the decision of the Board to the Court of Common Pleas of Lorain County pursuant to the provisions of Chapter 2506 of the Ohio Revised Code.