Port Clinton City Zoning Code
CHAPTER 1129
Board of Zoning Appeals
1129.01 ORGANIZATION AND PROCEDURE.
(a) The Planning Commission shall be the Board of Zoning Appeals.
(b) The Board shall organize and adopt rules for its own government not inconsistent with law or with any other ordinance.
(c) Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. All meetings of the Board shall be open to the public. 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 actions, all of which shall be immediately filed in the office of the Clerk of the Planning Commission and shall be a public record.
(d) Three members of the Board shall constitute a quorum. The Board shall act by motion; and the concurring vote of three members of the Board shall be necessary to reverse any order or determination of the Administrative Officer, or to decide in favor of an applicant in any matter of which the Board has original jurisdiction under the Zoning Ordinance, or to grant any variance from the requirements stipulated in this Ordinance.
(Ord. 18-90. Passed 6-26-90.)
1129.02 APPLICATIONS AND APPEALS.
(a) Application for Variance. An application, in cases in which the Board of Zoning Appeals has original jurisdiction under the provisions of this Zoning Ordinance, may be taken by any property owner, including a tenant, or by a governmental officer, department, board or bureau. Such application shall be filed with the Administrative Officer who shall transmit same to the Board. A fee to be established by Council shall accompany any application for variance.
(b) Appeals.
(1) An appeal to the Board may be taken by any aggrieved person or by an officer of the City affected by any decision of the Administrative Officer. Such appeal shall be taken within twenty days after the decision, by filing with the Administrative Officer and with the Board a notice of appeal specifying the grounds thereof. The Administrative Officer shall forthwith transmit to the Board all 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 Administrative Officer certifies to the Board after the notice of appeal has been filed with it, that by reason of facts stated in the certificate, a stay would, in this opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a 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 for due cause shown.
(3) The Board in conformity with the provision of this chapter may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from the Administrative Officer, and to that end shall have all powers of the Administrative Officer from whom the appeal is taken.
(c) Hearings of the Board.
(1) The Board shall fix a reasonable time for the hearing of an appeal or application for variance, giving public notice thereof at least ten days to parties in interest, and decide upon the appeal within a reasonable time after it is submitted. Each application or notice of appeal shall be accompanied by the fee established by Council. At this hearing, any party may appear in person or by attorney.
(2) Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information, 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 the 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 such hearing unless the Board so decides.
(d) Decision of the Board.
(1) The Board shall decide all applications and appeals within thirty days after the final hearing thereon.
(2) A copy of the Board's decision shall be transmitted to all parties in interest. Such decision shall be binding upon the Administrative Officer and observed by him, and he 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.
(Ord. 18-90. Passed 6-26-90.)
1129.03 POWERS OF THE BOARD.
The Board shall have the following powers:
(a) Appeals. To hear and decide appeals whereby it is alleged there is an error in any interpretation, order, requirement, decision or determination by the Administrative Officer in the administration and enforcement of the provisions of this Zoning Ordinance.
(b) Variances. To authorize upon appeal, where by reason of exceptional narrowness, shallowness, shape or exceptional topographic conditions, or other extraordinary situations or conditions of a lot that the strict application of the terms of this Ordinance would result in peculiar and exceptional difficulties or undue hardship upon the owner thereof, a variance from such strict application to relieve such difficulties or hardships provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent of this Ordinance, and providing further that no variance shall be granted unless the Board finds that all the following conditions exist:
(1) The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not generally apply to other land or buildings in the vicinity.
(2) The granting of the application is necessary for preservation and enjoyment of the substantial property right and not merely to serve as a convenience to the applicant.
(3) The authorizing of the variance does not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or imperil the public safety or unreasonably diminish or impair the established property values within the surrounding areas, or in any way impair the health, safety, convenience or general welfare to the inhabitants of the community.
(Ord. 18-90. Passed 6-26-90.)