Pemberville City Zoning Code

ZONING BOARD

OF APPEALS

§ 153.185 ORGANIZATION AND PROCEDURES.

(A) To carry out the provisions of this chapter there shall be a Zoning Board of Appeals appointed by the Mayor and approved by the Council. This Zoning Board of Appeals shall consist of three regular members, one of which shall be the Mayor, none of which shall be members of Council, and three alternate members. If a regular member of the Zoning Board of Appeals is unable to serve because of absence in the village, illness, or is disqualified to serve by reason of having an interest in property affected by a matter before the Zoning Board of Appeals or otherwise disqualified by reason of conflict of interest, an alternate member shall serve instead. Selection of an alternate member or members to serve in each particular instance where a regular member is unable to serve shall be determined by lot. If sufficient alternate members are unable to serve for any of the reasons that a regular member would be unable to serve, the Mayor may select and Council may confirm sufficient additional alternate members to serve in a particular instance.

(B) Appointments shall be for five-year terms beginning January 1. The Village Council shall choose a successor to fill any vacancy. Each member shall serve until his or her successor is appointed and qualified. Vacancies shall be filled by the Village Council and shall be for the respective unexpired term. The members of the Zoning Board of Appeals may receive such compensation as the Village Council provides.

(C) The Zoning Board of Appeals shall interpret the provisions of this chapter in such manner as to carry out the intent and purpose thereof.

(D) The Zoning Board of Appeals shall rule on all proper applications for permits in such a manner as to carry out the intent and purpose of this chapter.

(E) The Chairperson of the Zoning Board of Appeals shall appoint a Clerk of the Zoning Board of Appeals, who may be a member thereof and who shall serve at the discretion of the Zoning Board of Appeals; it shall be the duty of the Clerk to keep a complete record of all the proceedings of the Zoning Board of Appeals.

(F) The Clerk shall prepare a complete record of the location, nature, and extent of all nonconforming uses. When such a nonconforming use ceases to exist, it shall automatically become a conforming use and the Clerk shall so inform the Zoning Board of Appeals and record such fact upon the records of the Zoning Board of Appeals.

(G) The Clerk of the Zoning Board of Appeals shall receive as compensation such amount as the Council shall set, payable from the Zoning Fund.

(H) The hearings of the Zoning Board of Appeals shall be public. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter. The Board shall hear any owner of property adjacent to the lot for which the granting of any zoning certificate is pending, and shall also hear any other parties having substantial interest as determined by the Board.

(I) 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’s actions, all of which shall be immediately filed in the office of the Village Council and shall be a public record.

(J) 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.

(K) The Board may call upon the various officials and employees of the village 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. 1141, passed 9-1-1998)

§ 153.186 APPLICATION AND APPEALS.

(A) Application. An application, in cases in which the Board has original jurisdiction under the provisions of this chapter, 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 responsible authority, who shall transmit same to the Board. If not contrary to the Ohio Revised Code enabling statutes for municipal zoning, a deposit shall be paid upon the filing of each appeal for each conditional use, and for each variance or miscellaneous use, for the purpose of defraying the costs of the proceedings described herein.

(B) Appeals.

(1) An appeal to the Board may be taken by any person aggrieved or by an officer of the village affected by any decision of the responsible authority. Such appeal shall be taken within 20 days after the decision, by filing with the responsible authority and with the Board a notice of appeal specifying the grounds thereof. The responsible authority shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.

(2) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the responsible authority shall certify to the Zoning Board of Appeals, after the notice of appeal shall have been filed with it, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the Board or by a court of equity, after notice to the officer from whom the appeal is taken and on due cause shown.

(3) The Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and shall make such order, requirement, decision, or determination as in its opinion ought to be made in the premises; and to that end, shall have all powers of the responsible authority from whom the appeal is taken.

(Ord. 1141, passed 9-1-1998)

§ 153.187 HEARINGS.

(A) The Board shall fix a reasonable time for the hearing of an appeal, give at least ten days’ public notice thereof in a newspaper of general circulation in the village, and at least ten days’ notice to parties having proprietary interest in land within 200 feet, and decide upon the appeal within a reasonable time after it is submitted. At this hearing, any party may appear in person or by attorney.

(B) The hearings of the Board shall be public.

(C) Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in said application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of said hearing unless the Board so decides.

(Ord. 1141, passed 9-1-1998)

§ 153.188 DECISION OF THE BOARD.

(A) The Board shall decide all applications and appeals within 30 days after the final hearing thereon.

(B) A certified copy of the Board’s decision shall be transmitted to all parties of interest. Such decision shall be binding upon the responsible authority and observed by him or her, and he or she shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.

(C) A decision of the Board shall not become final until the expiration of five days from the date of such decision is made, unless the Board shall find the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.

(D) The Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination appealed from and shall make such order, requirement, decision, or determination as in its opinion ought to be made in the premises; and to that end, shall have all powers of the responsible authority from whom the appeal is taken. Any party adversely affected by a decision of the Board may appeal to the County Court of Common Pleas, on the ground that the decision was unreasonable or unlawful.

(Ord. 1141, passed 9-1-1998)

§ 153.189 POWERS AND DUTIES.

The Zoning Board of 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 responsible authority in the enforcement of this chapter or any amendments thereto; and

(B) In hearing and deciding appeals, the Board shall have the power to grant an exception in the following instances:

(1) Interpret provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning district map fixing the several districts accompanying and made a part of this chapter, where the street layout actually on the ground varies from the street layout as shown on the zoning district map aforesaid;

(2) Permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than 60% of its fair market value where the Board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly;

(3) Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements; or permit the waiver of the requirement that automobile space be provided on the same lot with a dwelling, if other suitable and convenient parking space is available within or without a building; or the dual use of parking facilities (e.g., by stores during the day and theaters during the evening) provided there is no overlapping of use and the parking space requirements for each building or use are complied with during each period;

(4) Permit in the “A” or “R” Districts public parking areas or storage garages adjacent to any existing or proposed use in the Multiple Dwelling, Commercial, or Industrial District;

(5) Determine whether an industry should be permitted within an “M” Industrial District because of the methods by which it would be operated and because of its effect upon uses within surrounding zoning districts;

(6) The substitution of a nonconforming use existing at the time of enactment of this chapter for another nonconforming use, if no structural alterations except those required by law or ordinance are made; provided, however, that in an “A” or “R” District and in a “C” District, no change shall be authorized to any use which is not a permitted or conditional use in any “A”, “R”, or “C” District; and

(7) Permit the temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this chapter for the district in which it is located, provided that such use be of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use shall be granted in the form of a temporary and revocable permit, for not more than a 12-month period in undeveloped sections of the village and not more than six months in developed sections, subject to such conditions as will safeguard the public health, safety, convenience, and general welfare.

(Ord. 1141, passed 9-1-1998)

§ 153.190 VARIANCES.

(A) The Board shall have the power to hear and decide appeals and authorize such variances from the provisions or requirements of this chapter as will not be contrary to the public interest. 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 chapter. On appeal where there is unnecessary hardship, 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:

(1) There are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located;

(2) Because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;

(3) Such unnecessary hardship has not been created by the appellant;

(4) 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; and

(5) 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.

(B) Subject to the above general standards in the granting of variances, the Board shall further be guided by the following principles:

(1) Use variances may be granted to secure appropriate development of a lot or tract of land only when:

(a) Side lot line of said lot adjoins a nonconforming building or use existing on the effective date of this chapter;

(b) Side lot line adjoins a less restricted use district; or

(2) Lot coverage and set back variances may be granted to secure appropriate development of a lot or tract of land only in the following situations.

(a) Site area required for residence use may be varied not more than 20% where a given lot or tract of land was by the last conveyance prior to the adoption of this chapter of such size or restricted area that it cannot be appropriately improved without such variance, and where the owner owns no adjoining property which can be added to said tract to create sufficient area to comply with the ordinance.

(b) Minimum floor area required for a dwelling may be varied by not more than 10% where by exceptional arrangement of site design the result of said variation will be in harmony with the character of the neighborhood.

(c) Yard size regulations may be varied by not more than 20%, provided that the light and ventilation after the variation will be adequate to avoid unhealthy and unsanitary conditions.

(C) The Board shall have the authority to grant an extension or permit completion of a building devoted to a nonconforming use upon a lot occupied by such building, or on a lot adjoining, provided that such lot was under the same ownership as the lot in question on the date such building became nonconforming, and where such extension is necessary and incidental to the existing use of such building; provided, however, that the floor areas of such extension shall not exceed in all 100% of the floor area of the existing building or buildings devoted to a nonconforming use.

(Ord. 1141, passed 9-1-1998)

§ 153.191 CONDITIONAL USES.

(A) Under the authorization granted in R.C. Chapter 713.11, to hear and decide special exceptions to the terms of this chapter, the Board shall have the power to decide applications for conditional uses in those cases specified in §§ 153.040 to 153.050. In considering such applications, the Board shall give due regard to the nature and purpose of the proposed conditional use and to the nature and condition of all adjacent uses and structures; may impose such requirements and conditions as the Board may deem necessary for the protection of adjacent properties and the public interest, including specific limitations as to future expansion; and, may reject applications for conditional uses other than churches, educational institutions, and parochial schools (elementary and high) where the actual and specific use proposed would, in the reasonable judgment of the Board, be inappropriate for the zoning district and detrimental to adjacent uses and structures or to the neighborhood. Where a proposed conditional use is both specifically and generally described under §§ 153.009 and 153.040 to 153.050, the use shall be permitted only in the district where it is most specifically described.

(B) The following basic standard shall apply to conditional uses in any “A” or “R” District.

(1) The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout, and its relation to streets giving access to it shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection with it will not be hazardous, inconvenient, or conflict with the normal traffic on residential streets, both at the time and as the same may be expected to increase with any prospective increase in the population of the area, taking into account convenient routes of pedestrian traffic, particularly of children, relation to main traffic thoroughfares and to street intersections, and the general character and intensity of development of the area.

(2) The location and height of buildings, the location, nature, and height of walls and fences, and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.

(3) The actual and specific use for which application is made (other than churches, educational institutions, and parochial schools (elementary and high)) shall be appropriate to the zoning district in which the site is located and shall not be detrimental to adjacent uses and structures or to the neighborhood.

(1) The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its site layout and its relation to streets giving access to it shall be such that vehicular traffic to and from the use will not be more hazardous than the normal traffic of the district, both at the time and as the same may be expected to increase with increasing development of the village, taking into account vehicular turning movements in relation to routes of traffic flow, street intersections, sight distances, and pedestrian traffic.

(2) The nature, location, size, and site layout of the use shall be such that it will be a harmonious part of the Business or Industrial District in which it is situated, taking into account prevailing shopping habits, convenience of access by prospective patrons, the physical and economic relationships of one type of use to another, and characteristic groupings of uses in a Commercial or Industrial District.

(D) Upon receipt of an application for approval of a conditional use and prior to setting a date for a public hearing thereon pursuant to this subchapter, the Board shall submit the application for approval of the conditional use and all supporting documentation to the Planning Commission for review and shall receive its recommendation. The Planning Commission shall review the application and materials submitted for compliance with the criteria set forth in this chapter for such conditional use and shall review such application’s general compliance with the objectives of this chapter. The Planning Commission may recommend approval or disapproval of the application or may recommend conditions or restrictions upon the approval of the application. The Board shall consider the recommendation of the Planning Commission in reaching its decision on the application.

(Ord. 1141, passed 9-1-1998)

§ 153.192 PERFORMANCE REQUIREMENTS.

(A) The Board shall have the power to authorize issuance of a zoning certificate for uses that are subject to performance requirements as set forth in this chapter.

(B) The application for a zoning certificate for a use subject to performance requirements shall be accompanied by a plan of the proposed construction or development; a description of the proposed machinery, processes and products, and specifications for the mechanisms and techniques to be used in meeting the performance requirements.

(C) The Board may refer the application to one or more expert consultants qualified to advise as to whether a proposed use will conform to the performance requirements. The costs of such services shall be borne by the applicant, and a copy of any reports shall be furnished the applicant.

(Ord. 1141, passed 9-1-1998)

§ 153.193 INTERPRETATION OF ZONING DISTRICT MAP.

Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the zoning district map, the Board, after notice to the owners of the property and after a public hearing, shall interpret the map in such a way as to carry out the intent and purpose of this chapter. In case of any questions as to the location of any boundary line between zoning districts, a request for interpretation of the Zoning District Map may be made to the Board and a determination shall be made by said Board.