Old Mill Creek City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 156.60 BOARD OF APPEALS.
(A) Appointment; appeals. The President of the Village Board shall appoint a Zoning Board of Appeals consisting of seven members, each of whom shall be a resident of the village to serve respectively for the following terms: one for one year; one for two years; one for three years; one for four years; one for five years; one for six years; and one for seven years, the successor to each member so appointed to serve for a term of five years. It shall be the duty of the Zoning Board of Appeals to hear and decide any appeal from an order, decision or interpretation of the enforcing officer, or any matter referred to it or upon which it is required to pass under this chapter, as prescribed by statute.
(B) Variations. Where, in a specified case, after written denial of a permit by the enforcing officer, an application for a variation is made in writing to the Zoning Board of Appeals explaining that because of certain exceptional conditions peculiar to applicants property or its environment the strict application of the regulations of this chapter would result in practical difficulties and particular hardship upon the owner, the Zoning Board of Appeals shall consider the case at a public hearing, 15 days’ notice of which shall have been given as prescribed by statute, and shall determine whether or not the facts are such as to warrant a variation from the Comprehensive Zoning Plan. If the Zoning Board of Appeals determines, by a concurring vote of not less than four members, that the proposed variation or some modification of it will not reduce the minimum areas or dimensions, nor increase the maximum dimensions by more than 25%, impair an adequate supply of light and air to adjacent property, increase the congestion in public streets unreasonably, increase the hazard of fire, endanger the public safety, diminish or impair the values of property within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the people, it shall adopt a motion embodying such findings and shall direct the issuance of a permit.
(C) Appeals to court. Within 30 days after the filing of any decision or variation of the Zoning Board of Appeals in the office of said Zoning Board, any person or persons jointly or severally aggrieved by such decision of variation, or any officer, department, board or bureau of the county, may appeal to a court of record in the manner prescribed by statute.
(Ord. 60-, passed 8-16-1960)
§ 156.61 ENFORCEMENT.
This chapter shall be administered and enforced by the enforcing officer who shall be appointed by the President of the Board of Trustees of the village and be approved by the Village Board. Proper authorities of the village or any person affected may institute any appropriate action or proceeding against a violator as provided by statute.
(Ord. 60-, passed 8-16-1960)
§ 156.62 AMENDMENTS.
The provisions of this chapter and the districts and special Airport Area created by the Zoning Plan may be amended by ordinance adopted by the Board of Trustees of the village after a duly advertised public hearing, held by the Zoning Board of Appeals, as prescribed by statute. The notice of hearing on an amendment of the Zoning Plan, in addition to publication required by law in an official newspaper (if any be so required) shall be posted on the road or street frontage of property proposed to be reclassified, and in three prominent places in the municipality, 15 days in advance of the hearing. Notice of all hearings shall be sent to each civic or property owners’ organization requesting notices of hearings on amendments.
(Ord. 60-, passed 8-16-1960)
§ 156.99 PENALTY.
Any person, firm or corporation, or agents, employees or contractors of such, who violate, disobey, omit, neglect or refuse to comply with or who resist enforcement of any of the provisions of this chapter, shall be subject to a fine of not more than $200 or imprisonment for not more than six months, or both, for each offense, and each day a violation continues to exist shall constitute a separate offense.
(Ord. 60-, passed 8-16-1960)