Saint Bernard City Zoning Code
TITLE FIVE
Zoning Administration
1121.01 SHORT TITLE.
1121.02 PURPOSE.
This Zoning Ordinance is enacted for the purpose of promoting public health, safety, convenience, comfort, prosperity, and general welfare by regulating and restricting the bulk and height and location of buildings and other structures and of premises to be used for trade, industry, residence or other specified uses all in accordance with a comprehensive plan for the desirable future development of the Village; and to provide a method of administration and to prescribe penalties for the violation of provisions hereinafter described.
(Ord. 12-1966. Passed 10-10-66.)
1121.03 INTERPRETATION; REQUIREMENTS AS MINIMUM.
In their interpretation and application, the provisions of this Zoning Ordinance shall be held to be minimum requirements. Wherever this Zoning Ordinance imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this Zoning Ordinance shall govern.
(Ord. 12-1966. Passed 10-10-66.)
1121.04 VALIDITY.
This Zoning Ordinance and various Titles, Chapters and Sections thereof are hereby declared to be severable. If any chapter, section, subsection, paragraph, sentence or phrase of this Zoning Ordinance is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of this Zoning Ordinance shall not be affected thereby.
(Ord. 12-1966. Passed 10-10-66.)
1121.05 AUTHENTICATION.
The Clerk of Council is hereby ordered and directed to certify to the passage of this Zoning Ordinance and to cause same to be published once in a newspaper of general circulation, published and circulated in the Village.
(Ord. 12-1966. Passed 10-10-66.)
1121.06 REPEAL.
The Building Zone Ordinance adopted June 20, 1930, together with all amendments thereto and all other ordinances of the Village inconsistent herewith and to the extent of such inconsistency and no further, are hereby repealed.
(Ord. 12-1966. Passed 10-10-66.)
1123.01 INTERPRETATION OF LANGUAGE.
Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of the Zoning Ordinance, and words used in the present tense include the future; the singular number shall include the plural, and the plural the singular; the word “used” shall include arranged, designed, constructed, altered, converted, rented, leased or intended to be used; and the word “shall” is mandatory and not directory.
(Ord. 12-1966. Passed 10-10-66.)
1123.02 ACCESSORY USE OR STRUCTURE.
“Accessory use or structure” means a use or structure subordinate to the principal use of a building or to the principal use of land, located on the same lot as such principal use and serving a purpose customarily incidental to the use of the principal building or land use.
(Ord. 12-1966. Passed 10-10-66.)
1123.03 ALLEY OR LANE.
“Alley or lane” means a public or private way not more than twenty feet wide affording only secondary means of access to abutting property.
(Ord. 12-1966. Passed 10-10-66.)
1123.04 ALTERATIONS.
“Alterations”, as applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
(Ord. 12-1966. Passed 10-10-66.)
1123.05 APARTMENT.
“Apartment” means a suite of rooms or a room in a multi-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
(Ord. 12-1966. Passed 10-10-66.)
1123.06 APARTMENT HOUSE.
“Apartment house”. See “dwelling, multi-family”.
(Ord. 12-1966. Passed 10-10-66.)
1123.07 BASEMENT.
“Basement” means a story whose floor is more than twelve inches but not more than half of its story height below the average level of the adjoining ground (as distinguished from a “cellar” which is a story more than one-half below such level). A basement, when used as a dwelling, shall be counted as a story for purposes of height measurement, and as a half-story for purposes of side yard determination.
(Ord. 12-1966. Passed 10-10-66.)
1123.08 BEGINNING OF CONSTRUCTION.
“Beginning of construction” means the incorporation of labor and materials within the walls of the building or buildings.
(Ord. 12-1966. Passed 10-10-66.)
1123.09 BOARD.
“Board” means the Board of Zoning Appeals of the Village of St. Bernard, Ohio.
(Ord. 12-1966. Passed 10-10-66.)
1123.10 BOARDING OR LODGING HOUSE.
“Boarding or lodging house” means a dwelling or part thereof where meals and/or lodging are provided, for compensation, for five or more persons not transients.
(Ord. 12-1966. Passed 10-10-66.)
1123.11 BUILDING.
“Building” means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum sideyard requirements as hereinafter provided.
(Ord. 12-1966. Passed 10-10-66.)
1123.12 BUILDING, HEIGHT OF.
“Building, height of” means the vertical distance measured from the average elevation of the proposed finished grade at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
(Ord. 12-1966. Passed 10-10-66.)
1123.13 CELLAR.
“Cellar” means a story the floor of which is more than one-half of its story height below the average level of the adjoining ground at the exterior walls of the building. A cellar, when used as a dwelling, shall be counted as a story for purposes of height measurement.
(Ord. 12-1966. Passed 10-10-66.)
1123.14 CLINIC.
“Clinic” means a place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons, but who are not provided with board or room nor kept overnight on the premises.
(Ord. 12-1966. Passed 10-10-66.)
1123.15 CLUB.
“Club” means a nonprofit association of persons who are bona fide members organized for some common purpose, paying regular dues; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
(Ord. 12-1966. Passed 10-10-66.)
1123.16 COMMISSION, PLANNING.
“Commission, Planning” means the Village Planning Commission of the Village of St. Bernard, Ohio.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1123.17 CONDITIONAL USE.
“Conditional use” means a use that is permitted, but only by application to the Board in each specific instance, and after a determination by the Board that all regulations and standards of this Zoning Ordinance applying to the specific use in the particular location will be met, along with such additional conditions or safeguards as the Board may prescribe in the specific case and circumstances, in order to prevent harm or injury to adjacent uses and the neighborhood and/or in order to improve the public health, safety, convenience, comfort, prosperity or general welfare.
(Ord. 12-1966. Passed 10-10-66.)
1123.18 COUNCIL.
“Council” means the Village Council of the Village of St. Bernard, Ohio.
(Ord. 12-1966. Passed 10-10-66.)
1123.19 COURT.
“Court” means an unoccupied open space, other than a yard, on the same lot with a building, which is surrounded wholly or in part by the walls of such building.
(Ord. 12-1966. Passed 10-10-66.)
1123.20 DISTRICT.
“District” means a portion of the territory of the Village within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Zoning Ordinance.
(Ord. 12-1966. Passed 10-10-66.)
1123.21 DISTRICT, MORE RESTRICTED OR LESS RESTRICTED.
“District, more restricted or less restricted” means each of the districts in the following list shall be deemed to be more restricted than any of the districts succeeding it, and each shall be deemed to be less restricted than any of the districts preceding it: R-1, R-2, R-3, B-1, B-2, B-3, B-4, R-4, M-1 and M-2.
(Ord. 12-1966. Passed 10-10-66.)
1123.22 DUMP.
“Dump” means a lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1123.23 DWELLING.
“Dwelling” means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, boarding or lodging house, motel, hotel, tourist home, and trailer or trailer coach.
(Ord. 12-1966. Passed 10-10-66.)
1123.24 DWELLING, ONE-FAMILY.
“Dwelling, one-family” means a building designed for or used exclusively for residence purposes by one family.
(Ord. 12-1966. Passed 10-10-66.)
1123.25 DWELLING, TWO-FAMILY.
“Dwelling, two-family” means a building designed for or used exclusively for residence purposes by two families living independently of each other.
(Ord. 12-1966. Passed 10-10-66.)
1123.26 DWELLING, MULTI-FAMILY.
“Dwelling, multi-family” means a building or portion thereof designed for or used exclusively for residence purposes by three or more families living independently of each other.
(Ord. 12-1966. Passed 10-10-66.)
1123.27 DWELLING UNIT.
“Dwelling unit” means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.
(Ord. 12-1966. Passed 10-10-66.)
1123.28 DWELLING GROUP.
“Dwelling group” means a group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.
(Ord. 12-1966. Passed 10-10-66.)
1123.29 ESSENTIAL SERVICES.
“Essential services” means the erection, construction, alteration, or maintenance, by public utilities or governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety, convenience, comfort, prosperity or general welfare, but not including buildings.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1123.30 FAMILY.
“Family” means a person living alone, or two or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a boarding or lodging house, motel or hotel, fraternity or sorority house.
(Ord. 12-1966. Passed 10-10-66.)
1123.31 GARAGE, PRIVATE.
“Garage, private” means a garage used for storage purposes only and having a capacity of not more than four automobiles or not more than two automobiles per family housed in the building to which such garage is accessory, whichever is greater.
(Ord. 12-1966. Passed 10-10-66.)
1123.32 GARAGE, PUBLIC.
“Garage, public” means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.
(Ord. 12-1966. Passed 10-10-66.)
1123.33 HOME OCCUPATION.
“Home occupation” means an accessory use of a service character customarily conducted within a dwelling by only the residents thereof, which is clearly secondary to the use of the dwelling for living purposes, does not change the character thereof, and of which there is no exterior evidence other than a small name plate, and which does not involve the keeping of a stock-in-trade in connection therewith. The practice of a single physician, surgeon, dentist or other professional person, including an instructor in dancing, violin, piano, or other individual musical instrument limited to a single pupil at a time, who offers skilled services to clients, and is not professionally engaged in the purchase or sale of goods, shall be deemed to be home occupations; and the occupations of dressmaker, milliner, or seamstress, each with not more than one paid assistant shall be deemed to be home occupations. Dancing instruction in groups, band instrument instruction in groups, tea rooms, tourist homes, beauty parlors, barber shops, real estate offices, convalescent homes, mortuary establishments and stores, trades, or business of any kind not herein excepted shall not be deemed to be home occupations.
(Ord. 12-1966. Passed 10-10-66.)
1123.34 HOSPITAL.
“Hospital”, unless otherwise specified, includes sanitarium, sanitorium, preventorium, rest home, nursing home, convalescent home and any other place for the diagnosis or treatment of human ailments or the care of humans except a “clinic”.
(Ord. 12-1966. Passed 10-10-66.)
1123.35 HOTEL.
“Hotel” means any building or portion thereof used as a temporary abiding place for remuneration, with or without meals, containing twelve or more guest rooms or suites where no provision for cooking is made in any individual room or suite, except hospitals and jails.
(Ord. 12-1966. Passed 10-10-66.)
1123.36 JUNK YARD.
“Junk yard” means any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage or salvaged house wrecking and structural steel materials and equipment; but not including establishments where such uses are conducted entirely within a completely enclosed building, and not including establishments for the sale, purchase or storage of used cars in operable condition, or storage of materials incidental to manufacturing operations.
(Ord. 12-1966. Passed 10-10-66.)
1123.37 KENNEL.
“Kennel” means any structure or lot on which four or more dogs and/or cats over four months of age are kept.
(Ord. 12-1966. Passed 10-10-66.)
1123.38 LAND USE PLAN.
“Land use plan” means the long-range plan for the desirable use of land in the Village, as officially adopted, and as amended from time to time, by the Village Planning Commission.
(Ord. 12-1966. Passed 10-10-66.)
1123.39 LOADING SPACE.
“Loading space” means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
(Ord. 12-1966. Passed 10-10-66.)
1123.40 LOT.
“Lot” means a piece or parcel of land occupied or intended to be occupied by a principal building or group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this Zoning Ordinance, and having frontage on a public street.
(Ord. 12-1966. Passed 10-10-66.)
1123.41 LOT, CORNER.
“Lot, corner” means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines is the “corner”.
(Ord. 12-1966. Passed 10-10-66.)
1123.42 LOT, INTERIOR.
“Lot, interior” means a lot other than a corner lot.
(Ord. 12-1966. Passed 10-10-66.)
1123.43 LOT DEPTH.
“Lot, depth” means the mean horizontal distance between the front and the rear lot lines measured in the general direction of the side lot lines.
(Ord. 12-1966. Passed 10-10-66.)
1123.44 LOT LINES.
“Lot lines” means the property lines bounding the lot.
(Ord. 12-1966. Passed 10-10-66.)
1123.45 LOT LINE, FRONT.
“Lot line, front” means the line separating the lot from a street. On a corner lot, the front lot line shall be the street lot line having the least dimension.
(Ord. 12-1966. Passed 10-10-66.)
1123.46 LOT LINE, REAR.
“Lot line, rear” means the lot line opposite and most distant from the front lot line.
(Ord. 12-1966. Passed 10-10-66.)
1123.47 LOT LINE, SIDE.
“Lot line, side” means any lot line other than front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
(Ord. 12-1966. Passed 10-10-66.)
1123.48 LOT LINE, STREET OR ALLEY.
“Lot line, street or alley” means a lot line separating the lot from a street or alley.
(Ord. 12-1966. Passed 10-10-66.)
1123.49 LOT OF RECORD.
“Lot of record” means a lot which is a part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Hamilton County, Ohio.
(Ord. 12-1966. Passed 10-10-66.)
1123.50 LOT WIDTH.
“Lot width” means the mean horizontal width of the lot measured at right angles to its depth.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1123.51 LOT AREA.
“Lot area” means the computed area contained within the lot lines.
(Ord. 12-1966. Passed 10-10-66.)
1123.52 LOT, THROUGH.
“Lot, through” means a lot having frontage on two parallel or approximately parallel streets.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1123.53 MOTEL OR MOTOR HOTEL.
“Motel or motor hotel” means a series of attached, semi-attached or detached sleeping or living units, for the accommodation of transient guests and not customarily including individual cooking or kitchen facilities, said units having convenient access to off-street parking spaces for the exclusive use of the guests or occupants.
(Ord. 12-1966. Passed 10-10-66.)
1123.54 MOTOR VEHICLE REPAIR, MAJOR.
“Motor vehicle repair, major” means general repair, rebuilding or reconstruction of engines, motor vehicles or trailers; collision services including body, frame or fender straightening or repair; overall painting or paint shop, vehicle steam cleaning.
(Ord. 12-1966. Passed 10-10-66.)
1123.55 MOTOR VEHICLE REPAIR, MINOR.
“Motor vehicle repair, minor” means incidental body or fender work, other minor repairs, painting and upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including any operation named under “motor vehicle repair, major”, or any other similar thereto.
(Ord. 12-1966. Passed 10-10-66.)
1123.56 MOTOR VEHICLE OR TRAILER SALES AREA.
“Motor vehicle or trailer sales area” means an open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
(Ord. 12-1966. Passed 10-10-66.)
1123.57 MOTOR VEHICLE SERVICE STATION OR FILLING STATION.
“Motor vehicle service station or filling station” means a place where gasoline or other motor fuel, lubricants, tires, batteries, accessories and supplies, for operating and equipping motor vehicles are sold at retail to the public and deliveries are made directly into or onto motor vehicles, incidental battery, brake, muffler and tire service, washing and polishing.
(Ord. 12-1966. Passed 10-10-66.)
1123.58 NONCONFORMING USE.
“Nonconforming use” means a use of a building or land legally existing at the time of adoption of this Zoning Ordinance, or any amendment thereto, and which does not conform with the use regulations of the district in which located.
(Ord. 12-1966. Passed 10-10-66.)
1123.59 PARKING AREA, PRIVATE.
“Parking area, private” means an open area for the same uses as a private garage.
(Ord. 12-1966. Passed 10-10-66.)
1123.60 PARKING AREA, PUBLIC.
“Parking area, public” means an open area, other than a street or other public way, used for the parking of automobiles or other motor vehicles and available to the public whether for a fee, free or as an accommodation for clients or customers.
(Ord. 12-1966. Passed 10-10-66.)
1123.61 PARKING SPACE.
“Parking space” means an area, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a single motor vehicle.
(Ord. 12-1966. Passed 10-10-66.)
1123.62 PUBLIC UTILITY.
“Public utility” means any person, firm, corporation, governmental department or board, duly authorized to furnish and furnishing under state or municipal regulation to the public, electricity, gas, steam, communications, telegraph, transportation or water.
(Ord. 12-1966. Passed 10-10-66.)
1123.63 ROW-HOUSE.
“Row-house” means a single-family dwelling unit which is a part of a row-house building.
(Ord. 12-1966. Passed 10-10-66.)
1123.64 ROW-HOUSE BUILDING.
“Row-house building” means a building containing a row of two or more attached single family dwelling units, each unit being separated from the adjoining units in each story by fire resistive walls without openings, and each unit having independent access to the exterior of the building in the ground story.
(Ord. 12-1966. Passed 10-10-66.)
1123.65 ROW-HOUSE LOT, EXTERIOR.
“Row-house lot, exterior” means a lot which is or is intended to be a site for a row-house with a similar row-house attached on only one side.
(Ord. 12-1966. Passed 10-10-66.)
1123.66 ROW-HOUSE LOT, INTERIOR.
“Row-house lot, interior” means a lot which is or is intended to be a site for a row-house with a similar row-house attached on each side.
(Ord. 12-1966. Passed 10-10-66.)
1123.67 SIGN.
1123.68 SIGN, AREA OF.
1123.69 SIGN, ADVERTISING.
1123.70 SIGN, BUSINESS.
1123.71 STORY.
“Story” means that portion of a building, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.
(Ord. 12-1966. Passed 10-10-66.)
1123.72 STORY, FIRST.
“Story, first” means the lowest story or the ground story of any building the floor of which is not more than twelve inches below the average level of the adjoining ground at the exterior walls of the building; except that any basement or cellar used as a dwelling shall be deemed the first story.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1123.73 STORY, HALF.
“Story, half” means a story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used as a dwelling shall be deemed a full story.
(Ord. 12-1966. Passed 10-10-66.)
1123.74 STREET.
“Street” means a public right-of-way fifty feet or more in width which provides a public means of access to abutting property, or any such right-of-way more than twenty feet and less than fifty feet in width, provided it existed prior to the enactment of this Zoning Ordinance. The term “street” includes avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term.
(Ord. 12-1966. Passed 10-10-66.)
1123.75 STRUCTURE.
“Structure” means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
(Ord. 12-1966. Passed 10-10-66.)
1123.76 THOROUGHFARE PLAN.
“Thoroughfare plan” means the official Thoroughfare Plan establishing the general location, character and extent of streets and thoroughfares in the Village, as adopted and as amended from time to time, by the Village Planning Commission.
(Ord. 12-1966. Passed 10-10-66.)
1123.77 TOURIST HOME.
“Tourist home” means a building or part thereof, other than a hotel, boarding house, lodging house or motel, where lodging is provided by a resident family for compensation, mainly for transients.
(Ord. 12-1966. Passed 10-10-66.)
1123.78 TRAILER.
“Trailer” means any vehicle or structure constructed in such manner as to permit occupancy thereof for use as sleeping and eating quarters, or for the conduct of any business, trade or occupation; use as a selling or advertising device, or for storage or conveyance of tools, equipment or machinery; and so designed that it is or may be propelled by motor power other than its own. The term “trailer” includes automobile trailer, trailer coach and mobile home.
(Ord. 12-1966. Passed 10-10-66.)
1123.79 TRAILER PARK.
“Trailer park” means any lot or part thereof which is used or offered as a location for two or more trailers used for any of the purposes set forth in Section 1123.78.
(Ord. 12-1966. Passed 10-10-66.)
1123.80 USE.
“Use” means the purpose for which land or a building or structure is arranged, designed or intended, or for which either land or a building or structure is, or may be occupied or maintained.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1123.81 USE, FIRST PERMITTED IN “X” DISTRICT.
“Use, first permitted in “X” District” means a use which in the sequence of successively less restricted districts occurs as a permitted use for the first time in the “X” District.
(Ord. 12-1966. Passed 10-10-66.)
1123.82 VARIANCE.
“Variance” means a variation of the requirements of this Zoning Ordinance not contrary to the public interest, granted, by the Board of Zoning Appeals, in specific cases when warranted, in order to alleviate unnecessary and undue hardship which may otherwise ensue owing to exceptional narrowness, shallowness or shape of a lot, to difficult topography or other peculiar physical conditions of a lot, or to the nature of existing uses or structures on adjoining lots, and so that the spirit of this Zoning Ordinance shall be observed and substantial justice done. Such variances shall not include authorizing a use not among the permitted uses specified in this Zoning Ordinance for the district in which the lot is located.
(Ord. 12-1966. Passed 10-10-66.)
1123.83 YARD.
“Yard” means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward except as expressly permitted in this Zoning Ordinance.
(Ord. 12-1966. Passed 10-10-66.)
1123.84 YARD, FRONT.
“Yard, front” means a yard extending across the full width of the lot between any part of a building not hereafter excepted and the front lot line; and the depth of a front yard is the minimum horizontal distance between any part of the building, other than any such excepted parts, and the front lot line.
(Ord. 12-1966. Passed 10-10-66.)
1123.85 YARD, FRONT-LEAST DEPTH, HOW MEASURED.
“Yard, front - least depth, how measured” means the front yard depth shall be measured from the right-of-way line of the existing street on which the lot fronts (the front lot line); provided, however, that if a proposed right-of-way line of such street has been officially established, then the required front yard least depth shall be measured from such proposed right-of-way line.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1123.86 YARD, REAR.
“Yard, rear” means a yard extending across the full width of the lot between any part of a building not hereafter excepted and the rear lot line; and the depth of a rear yard is the minimum horizontal distance between any part of the buidling, other than such excepted parts and the rear lot line.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1123.87 YARD, SIDE.
“Yard, side” means a yard extending between the front yard and the rear yard between any part of a building not hereafter excepted and the nearest side lot line; and the width of a side yard is the width of the minimum horizontal distance between any part of a building, other than such excepted parts and the nearest side lot line.
(Ord. 12-1966. Passed 10-10-66.)
1123.88 YARD, SIDE-LEAST WIDTH, HOW MEASURED.
“Yard, side - least width, how measured” means the side yard width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that if a proposed right-of-way line of such street has been officially established, then the required side yard least width shall be measured from such proposed right-of-way line.
(Ord. 12-1966. Passed 10-10-66.)
1123.89 ZONING INSPECTOR.
“Zoning Inspector” means the Building Inspector of the Village of St. Bernard, Ohio, or his authorized representative.
(Ord. 12-1966. Passed 10-10-66.)
1123.90 ZONING MAP.
“Zoning Map” means the Zoning Map of the Village of St. Bernard, Ohio, dated October 6, 1966, together with all amendments subsequently adopted.
(Ord. 12-1966. Passed 10-10-66.)
1123.91 ZONING CERTIFICATE.
“Zoning certificate” means a document issued by the Zoning Inspector authorizing buildings, structures or uses consistent with the terms of this Zoning Ordinance and for the purpose of carrying out and enforcing its provisions.
(Ord. 12-1966. Passed 10-10-66.)
1125.01 ENFORCEMENT BY ZONING INSPECTOR .
There is hereby established the office of Zoning Inspector and for the purpose of this Zoning Ordinance the Building Inspector is hereby designated as Zoning Inspector. It shall be the duty of the Zoning Inspector to enforce this Zoning Ordinance in accordance with the administrative provisions of the Building Code of the Village and this Zoning Ordinance. All departments, officials and public employees of the Village vested with the duty or authority to issue permits or licenses shall conform to the provisions of this Zoning Ordinance and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this Zoning Ordinance. Any permit or licensee issued in conflict with the provisions of this Zoning Ordinance shall be null and void.
(Ord. 12-1996. Passed 10-10-66.)
(Ord. 12-1996. Passed 10-10-66.)
1125.02 FILING PLANS.
Every application for a zoning certificate shall be accompanied by plans, in duplicate, drawn to scale in black line or blue prints showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part; the exact location, size and height of any building or structure to be erected or altered, the existing and intended use of each building or structure or part thereof; the number of families or housekeeping units the building is designed to accommodate, and, when no buildings are involved, the location of the present use and proposed use to be made of the lot; and such other information with regard to the lot and neighboring lots; as may be necessary to determine and provide for the enforcement of this Zoning Ordinance. One copy of such plans shall be returned to the owner when such plans shall have been approved by the Zoning Inspector, together with such zoning certificate as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started.
(Ord. 12-1996. Passed 10-10-66.)
1125.03 USE PROHIBITED WITHOUT ZONING CERTIFICATE.
It shall be unlawful for an owner to use or to permit the use of any structure, building or lands or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, until a zoning certificate shall have been issued by the Zoning Inspector. Such zoning certificate shall show that such building or premises or part thereof, and the proposed use thereof, are in conformity with the provisions of this Zoning Ordinance. It shall be the duty of the Zoning Inspector to issue a zoning certificate, provided he is satisfied that the structure, building or premises, and the proposed use thereof and the proposed methods of water supply and disposal of sanitary wastes, conform with all the requirements of this Zoning Ordinance
(Ord. 12-1996. Passed 10-10-66.)
1125.04 EXCAVATING PERMIT.
No permit for excavation or construction shall be issued by the Zoning Inspector, unless the plans, specifications and the intended use conform to the provisions of this Zoning Ordinance.
(Ord. 12-1996. Passed 10-10-66.)
(Ord. 12-1996. Passed 10-10-66.)
1125.05 INSPECTOR TO ACT WITHIN THIRTY DAYS.
The Zoning Inspector shall act upon all such applications on which he is authorized to act by the provisions of this Zoning Ordinance within thirty days after they are filed in full compliance with all the applicable requirements. He shall either issue a zoning certificate within said thirty days or shall notify the applicant in writing of his refusal of such certificate and the reasons therefore. Failure to notify the applicant in case of such refusal within said thirty days shall entitle the applicant to a zoning certificates unless the applicant consents to an extension of time.
(Ord. 12-1996. Passed 10-10-66.)
(Ord. 12-1996. Passed 10-10-66.)
1125.06 FEES.
There shall be a fee for all zoning certificates, and the charge therefor shall be as determined by Council.
(Ord. 12-1996. Passed 10-10-66.)
1125.07 VIOLATIONS.
It shall be unlawful to locate, erect, construct, reconstruct, enlarge, change, maintain or use any, building or land in violation of any of the provisions of this Zoning Ordinance, or any amendment or supplement thereto adopted by Council.
(Ord. 12-1996. Passed 10-10-66.)
1125.99 PENALTY.
(a) Fine. Any person, firm, or corporation violating any of the provisions of this Zoning Ordinance, or any amendment or supplement thereto, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars ($100.00). Each and every day during which such illegal locations erection, construction, reconstruction, enlargement, change, maintenance, or use continues, may be deemed a separate offense.
(b) Remedies. In case any building is or is proposed to be located, erected, constructed, reconstructed, enlarged, changed, maintained or used , or any land is or is proposed to be used in violation of this Zoning Ordinances the Director of Law, the Zoning Inspector, or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement, or any other appropriate action, actions, proceeding, or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, reconstruction, enlargement, change, maintenance or use.
(Ord. 12-1996. Passed 10-10-66.)
(Ord. 12-1996. Passed 10-10-66.)
1127.01 PURPOSE.
(a) Recognizing four basic needs:
(1) The need to expedite the decision-making process on land planning decisions that must be made in order to protect the public interest, health, safety and general welfare in the process of redevelopment;
(2) The need to separate the application of regulatory controls to the land from planning;
(3) The need to better protect and promote the interests of public and private elements of the community; and
(4) The need to expand the principles of fairness and due process in public hearings.
(b) The purpose of this chapter is to provide a system of considering and applying regulatory devices which will best satisfy these needs.
(Ord. 41-1978. Passed 12-21-78.)
1127.02 CREATION AND PURPOSE.
The office of Hearing Examiner is hereby created. The Hearing Examiner shall act on behalf of the Village or of its agencies or departments or commissions or boards as he may be empowered to act by Council pursuant to ordinances passed from time to time.
(Ord. 41-1978. Passed 12-21-78.)
1127.03 APPOINTMENT AND TERM.
The Mayor shall appoint the Hearing Examiner with the approval of Council under the terms of a contract to be approved by Council. The Mayor shall have the power to appoint special examiners with the approval of Council to serve under contract to conduct hearings of matters assigned to them by the Examiner.
(Ord. 41-1978. Passed 12-21-78.)
1127.04 REMOVAL.
The Hearing Examiner may be removed from office at any time by the Mayor with the approval of an affirmative vote of not less than five members of Council. A special examiner shall serve for the duration of the term under the terms of a contract.
(Ord. 41-1978. Passed 12-21-78.)
1127.05 QUALIFICATIONS.
The Examiner and any special examiner shall be appointed solely with regard to his or her personal qualifications for the duties of the office, and shall have such training or experience as will qualify the Examiner to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon the Examiner.
(Ord. 41-1978. Passed 12-21-78.)
1127.06 SPECIAL EXAMINER - DUTIES.
Any special examiner shall have the same powers and authority to conduct hearings and to otherwise dispose of matters assigned to him by the Examiner. In the event of the absence or the inability of the Examiner to act, the Mayor may designate a special examiner to have all the duties and powers of the Examiner.
(Ord. 41-1978. Passed 12-21-78.)
1127.07 POWERS.
The Examiner shall receive and examine the available information, conduct public hearings and prepare a record thereof, and enter findings and conclusions which contain a recommendation to Council or to any board or commission to which the Examiner is assigned hearing jurisdiction by ordinance passed by Council with respect to all matters assigned to the Hearing Examiner by ordinance adopted by Council.
(Ord. 41-1978. Passed 12-21-78.)
1127.08 PRE-HEARING CONFERENCE.
After the applicant has filed his application, he may at any time request a pre-hearing conference to be conducted by the Examiner or by a special examiner. Notice of the time, place and subject of the pre-hearing conference shall be sent by the Examiner to the applicant and to all persons whose names and addresses are listed in the application. The staff and the Village and any interested party may present recommendations and considerations at a pre-hearing conference. The applicant may request more than one pre-hearing conference. The Hearing Examiner may schedule a preliminary conference on his own initiative. At least one pre-hearing conference must be held prior to the Examiner’s hearing.
(Ord. 41-1978. Passed 12-21-78.)
1127.09 REQUEST FOR HEARING.
The Examiner’s hearing shall be scheduled after the applicant requests a hearing. If the applicant fails to request a pre-hearing conference or a hearing within twelve months of filing, he shall be deemed to have abandoned his application.
(Ord. 41-1978. Passed 12-21-78.)
1127.10 EXAMINER’S DECISION.
The Examiner may act or recommend action, as his authority may be in each case, to grant or to deny the application, or to approve with such conditions, modifications and restrictions as the Examiner finds necessary to make the application compatible with the environment of the land to which the application relates and to carry out the objectives and goals of the Comprehensive Plan, the Zoning Ordinance, the Subdivision Code, the South Vine Development District Plan and other official policies and objectives of the Village.
(Ord. 41-1978. Passed 12-21-78.)
1127.11 AFFECTED PERSONS.
All applications filed for review by the Examiner shall contain an accurate list of the names and addresses of all property owners and occupants of property contiguous to the area affected by the application and within 200 feet of the area affected by the application.
(Ord. 41-1978. Passed 12-21-78.)
1127.12 QUASI-JUDICIAL POWERS.
The Examiner may exercise administrative powers and such quasi-judicial powers as may be granted by municipal ordinance.
(Ord. 41-1978. Passed 12-21-78.)
1127.13 FREEDOM FROM IMPROPER INFLUENCE.
Individual Council members, municipal officials, or any other persons shall not interfere with or attempt to interfere with the Examiner or with any special examiner in the performance of his assigned duties.
(Ord. 41-1978. Passed 12-21-78.)
1127.14 PUBLIC HEARING.
All applications for a permit for new construction in the South Vine Development District shall be filed with the Commissioner of Buildings. If the Commissioner finds that the application meets the requirements as to form and the rules of the Examiner, he shall forthwith transmit it to the Examiner. Before rendering a report and recommendation on any application, the Examiner shall hold at least one public hearing thereon. Any application shall be accompanied by a fee based upon a schedule approved by Council.
(Ord. 41-1978. Passed 12-21-78.)
1127.15 VILLAGE REPRESENTATIVE.
When an application has been set for public hearing, a representative of the Village administration may present evidence or submit a written report to the Hearing Examiner for consideration. Any written reports from any department to the Hearing Examiner shall be public record and available for inspection and copying by all parties to the proceeding.
(Ord. 41-1978. Passed 12-21-78.)
1127.16 NOTICE.
Notice of the time and place of the public hearing shall be given to the applicant, to all Village departments, and to all persons who own or occupy real estate that is contiguous to or is within 200 feet of the area covered by the application. The notice shall be by ordinary first class mail. Notice given by the Examiner shall include notice of the fact that subsequent hearings shall take place before Council or before the Hearing Examiner. The notice of the fact that subsequent hearings shall or may take place shall include the place where the subsequent hearings will be held, the name, address and telephone number of the Examiner, and a statement that all persons who advise the Examiner of a desire to be notified of later hearings will be notified by first class mail. The notice issued by the Examiner for the Examiner’s hearing shall serve as a notice of subsequent hearings held by Council, by the Planning Commission, or by any other board or commission on whose behalf the Hearing Examiner is directed to act by municipal ordinance, except that the applicant and those persons who request notice shall be mailed a notice ten days before the subsequent hearings.
(Ord. 41-1978. Passed 12-21-78.)
1127.17 RULES AND REGULATIONS.
The Examiner shall have the power to prescribe rules and regulations for the conduct of hearings before him, and also to issue summons for and compel the appearance of witnesses, to administer oaths, and to preserve order. The privilege of cross-examination of witnesses shall be accorded all interested parties or their counsel in accordance with the rules of the Examiner.
(Ord. 41-1978. Passed 12-21-78.)
1127.18 EXAMINER’S FINDINGS.
When the Examiner renders a decision or recommendation, he shall make and enter findings from the record and conclusions therefrom which support his decision. The findings and conclusions shall set forth and demonstrate the manner in which the decision recommended carries out and helps to implement the goals and objectives of the Comprehensive Plan, the Zoning Ordinance, the Subdivision Code, the South Vine Development District plan, and other official policies and objectives of the Village, and that the granting of the request for which application is made will not be unreasonably incompatible with or detrimental to the affected properties and to the general public.
(Ord. 41-1978. Passed 12-21-78.)
1127.19 RECONSIDERATION.
Any aggrieved person feeling that the decision of the Examiner is based upon errors of procedure or of fact may make a written request for review by the Examiner within fourteen days of the mailing of the decision. This request shall set forth the alleged errors, and the Examiner may, after a review of the record, take such further action as he deems proper, and may render a revised decision. Council may direct the Examiner to hold a reconsideration hearing.
(Ord. 41-1978. Passed 12-21-78.)
1127.20 WRITTEN DECISION.
Within five days of the conclusion of the hearing, the Examiner shall render a written decision and shall transmit a copy of his decision by ordinary first class mail to the applicant and to other affected persons. At the expiration of the fourteen-day period provided for a rehearing, or within five days of the conclusion of the rehearing if one is conducted, the Examiner shall file his decision, together with the recommended implementary resolution, if required, with the Clerk of Council, who shall set it on the Council calendar.
(Ord. 41-1978. Passed 12-21-78.)
1129.01 COUNCIL MAY AMEND ORDINANCE.
Whenever the public health, safety, convenience, comfort, prosperity or general welfare or good zoning practice require, Council may by ordinance, after recommendation thereon by the Planning Commission and subject to the procedure provided in this article, amend, supplement or change the regulations, district boundaries or classifications of property, now or hereinafter established by this Zoning Ordinance or amendments thereof. It shall be the duty of the Commission to submit its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification or change may be initiated by Council or the Commission on its own motion or by a verified application of one or more of the owners or lessees of property within the area proposed to be changed or affected by this Zoning Ordinance.
(Ord. 12-1996. Passed 10-10-66.)
(Ord. 12-1996. Passed 10-10-66.)
1129.02 PROCEDURE FOR CHANGE.
Applications for any change of the regulations or of district boundaries or classifications of property as shown on the Zoning Map shall be submitted to the Planning Commission, at its public offices upon such forms, and accompanied by such data and information as may be prescribed for that purpose by the Commission, so as to assure the fullest practicable presentation of facts for the permanent record. Each such application for a change of district boundaries or a reclassification of property shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for amendments initiated by Council or by the Commission itself shall be accompanied by its own motion pertaining to such proposed amendment.
(Ord. 12-1996. Passed 10-10-66.)
(Ord. 12-1996. Passed 10-10-66.)
1129.03 LIST OF PROPERTY OWNERS.
Any person or persons desiring a change in the zoning classification of property shall file with the application for such change a statement giving the names and addresses of the owners of all properties lying within and within 200 feet of any part of the exterior boundaries of the premises the zoning classification of which is proposed to be changed.
(Ord. 12-1996. Passed 10-10-66.)
1129.04 NOTICE AND HEARING.
Before submitting its recommendations on a proposed change of the regulations or reclassification of property to Council, the Planning Commission shall hold at least one public hearing thereon, notice of which shall be given by one publication in a newspaper of general circulation in the Village at least thirty days before the date of such hearing. The notice shall state the place and time at which the proposed amendment to the Zoning Ordinance, including text and maps, may be examined.
(Ord. 12-1996. Passed 10-10-66.)
1129.05 RECOMMENDATION TO COUNCIL.
Following the public hearing by the Planning Commission the Commission may recommend that the application be granted as requested, or it may recommend a modification of the zoning change requested in the applications or it may recommend that the application not be granted. These recommendations shall then be certified to Council.
(Ord. 12-1996. Passed 10-10-66.)
1129.06 COUNCIL HEARINGS.
After receiving from the Planning Commission the certification of the Commission’s recommendations on the proposed changes of the regulations or reclassification of property, and before adoption of an amendment, Council shall hold a public hearing thereon, as required by statute, at least thirty days notice of the time and place of which shall be given by one publication in a newspaper of general circulation in the Village.
(Ord. 12-1996. Passed 10-10-66.)
1129.07 COUNCIL: FINAL ACTION.
Following the public hearing by Council and after reviewing the recommendations of the Planning Commission thereon, Council shall consider such recommendations and vote on the passage of the proposed amendment to the text of the Zoning Ordinance or the Zoning Map. Council may overrule the recommendations of the Commission by three-fourths vote of the full membership of Council.
(Ord. 12-1996. Passed 10-10-66.)
(Ord. 12-1996. Passed 10-10-66.)
1129.08 FEES.
Each application for a change of the regulations or reclassification of property, except those initiated by the Planning Commission or Council, shall be accompanied by a check payable to the Treasurer of the Village of St. Bernard, Ohio, or a cash payment sufficient in the amount to cover the costs of publishing , posting and/or mailing notices of hearings, but in no event shall it be less than twenty-five dollars ($25.00).
(Ord. 12-1996. Passed 10-10-66.)
1131.01 APPOINTMENT.
A Board of Zoning Appeals is hereby created. Such Board shall consist of five members who shall be appointed by the Mayor and vacancies shall be filled in the same manner for the unexpired term. One of these members shall be a member of the Planning Commission. The terms of all members shall be of such length and so arranged that the term of one member will expire each year. The term of the member of the Planning Commission shall expire at the same time as his term on such Commission. Each member shall serve until his successor is appointed and qualified. Members of the Board shall be removable for nonperformance of duty, misconduct in office, or other causes, by Council upon written charges having been filed with Council and, after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten days prior to the hearing either personally or by registered mail or by leaving the same in his usual place of residence. The member shall be given an opportunity to be heard and answer such charges.
(Ord. 12-1996. Passed 10-10-66.)
1131.02 PROCEDURE.
The Board of Zoning Appeals shall organize and adopt rules for its own government in accordance with this Zoning Ordinance. Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman, or in his absence the Acting Chairman, may administer oaths and the Board may compel the attendance of witnesses. 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 Council and shall be a public record.
(Ord. 12-1996. Passed 10-10-66.)
(Ord. 12-1996. Passed 10-10-66.)
1131.03 QUORUM; VOTING.
Three members of the Board of Zoning Appeals shall constitute a quorum. The Board shall act by resolution; and the concurring vote of three members of the Board shall be necessary to reverse any order or determination of the Zoning Inspector, to decide in favor of an applicant in any matter on which the Board has original jurisdiction under this Zoning Ordinance, or to grant any variance from the requirements stipulated in this Zoning Ordinance.
(Ord. 12-1996. Passed 10-10-66.)
1131.04 ASSISTANCE FROM OTHER DEPARTMENTS.
The Board of Zoning Appeals may call upon the Village departments 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. 12-1996. Passed 10-10-66.)
1131.05 APPLICATIONS.
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 owners including a tenant, or by a governmental officer, department, board or bureau. Such application shall be filed with the Zoning Inspector who shall transmit the same to the Board.
(Ord. 12-1996. Passed 10-10-66.)
1131.06 APPEALS.
An appeal to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer of the Village affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty days after the decision, by filing with the Zoning Inspector and with the Board a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(Ord. 12-1996. Passed 10-10-66.)
(Ord. 12-1996. Passed 10-10-66.)
1131.07 HEARINGS AND FEES.
(a) The Board of Zoning Appeals shall fix a reasonable time for the hearing of the application or appeal, give at least ten days notice, in writing, to the parties in interest, give notice of such public hearing by one publication in one or more newspapers of general circulation in the Village at least ten days before the date of such hearing and decide the same within a reasonable time after it is submitted. At the hearing any party may appear in person or by an attorney.
(b) Each application or appeal shall be accompanied by a check payable to the Treasurer of the Village of St. Bernard, Ohio, or a cash payment sufficient in amount to cover the cost of publishing and mailing the notices of the hearing, but in no event shall it be less than fifteen dollars ($15.00).
(Ord. 12-1996. Passed 10-10-66.)
(Ord. 12-1996. Passed 10-10-66.)
1131.08 DECISIONS.
(a) The Board of Zoning Appeals shall decide all applications and appeals within thirty days after the final hearing thereon.
(b) A certified copy of the Board’s decision shall be transmitted to the applicant or appellant, and to the Zoning Inspector. Such decision shall be binding upon the Zoning Inspector and observed by him, and he shall incorporate the terms and conditions of the same in the zoning certificate to the applicant or appellant, whenever a certificate is authorized by the Board.
(c) A decision of the Board shall not become final until the expiration of five days from the date 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) Any party adversely affected by the decision of the Board may appeal to the Court of Common Pleas of Hamilton County on the ground that the decision was unreasonable or unlawful. The Court may affirm, reverse, vacate or modify the decision complained of in the appeals.
(Ord. 12-1996. Passed 10-10-66.)
(Ord. 12-1996. Passed 10-10-66.)
1131.09 STAY OF PROCEEDINGS.
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Board of Zoning Appeals after notice of appeal shall have been filed with him, that by reasons of fact stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an order which may, in due cause shown, be granted by the Board on application after notice to the Zoning Inspector, or by judicial proceedings.
(Ord. 12-1996. Passed 10-10-66.)
1131.10 POWERS.
The powers of the Board of Zoning Appeals shall be:
(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination by an administrative official in the enforcement of this Zoning Ordinance;
(b) To authorize, on appeal, variances as defined in Section 1123.82;
(c) To grant a zoning certificate for conditional uses as hereinbefore specified and as defined in Section 1123.17;
(g) To 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 Zoning Ordinance 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, and further provided that a zoning certificate for such use shall be granted in the form of a temporary and revocable permit for not more than a twelve month period, subject to such conditions as will safeguard the public health, safety, convenience, comfort, prosperity and general welfare; and
(h) Such other duties as may be necessary for the administration of the provisions of this Zoning Ordinance.
(Ord. 12-1996. Passed 10-10-66.)
1131.11 CONDITIONAL USES.
In considering an application for a conditional use, the Board of Zoning Appeals shall give due regard to the nature and condition of all adjacent uses and structures, and in authorizing a conditional use, the Board may impose such requirements and conditions with respect to location, construction, maintenance and operation - in addition to those expressly stipulated in this Zoning Ordinance for the particular conditional use - as the Board may deem necessary for the protection of the public health, safety, convenience, comfort, prosperity and general welfare and for the protection of adjacent properties.
(Ord. 12-1996. Passed 10-10-66.)
1131.12 INTERPRETATION OF ZONING 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 Map, the Board of Zoning Appeals, after notice to the owners of the property and after public hearing, shall interpret the Map in such a way as to carry out the intent and purpose of this Zoning Ordinance. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the Zoning Map may be made to the Board and a determination shall be made by the Board. In considering an interpretation of the Zoning Map, the Board shall give due regard to the nature and condition of all adjacent uses and structures.
(Ord. 12-1996. Passed 10-10-66.)
1131.13 VARIANCES AUTHORIZED.
In authorizing a variance the Board of Zoning Appeals may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purposes of this Zoning Ordinance and in the public interest. In authorizing a variance with attached conditions, the Board shall require such evidence and guarantee of bond, as it may deem necessary, that the conditions attached are and will be complied with.
(Ord. 12-1996. Passed 10-10-66.)
(Ord. 12-1996. Passed 10-10-66.)
1131.14 VARIANCES: FINDINGS OF THE BOARD.
No such variance shall be authorized by the Board of Zoning Appeals unless the Board finds that all of the following facts and conditions exists:
(a) That there are exceptional or extraordinary circumstances applying to the property in question, or to the intended use of the property, that do not apply generally to other properties or classes of uses in the same zoning district;
(b) That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity; and
(c) That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of this Zoning Ordinance or public interest.
No grant of variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property, or the intended use of said property for which variance is sought - one or the other or in combination - is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for such conditions or situations.
(Ord. 12-1966. Passed 10-10-66.)
(Ord. 12-1966. Passed 10-10-66.)
1131.15 VARIANCES: BOARD MAY REVERSE ORDERS, ETC.
In exercising its power the Board of Zoning Appeals may, in conformity with the provisions of statute and of this Zoning Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have all powers of the officer from whom the appeal is taken.
(Ord. 12-1966. Passed 10-10-66.)
1131.16 ADMINISTRATIVE REVIEW.
In considering an appeal from an alleged error in the administration of this Zoning Ordinance, the Board of Zoning Appeals shall consider the intent and purpose of the provisions of this Zoning Ordinance that apply and the effect of the desired interpretation upon neighboring properties in the public interest. In exercising its power to review such an allegation, the Board may, in conformity with the provisions of statute and of this Zoning Ordinance, reverse or affirms wholly or partly, or may modify the order, decision or determination made and to that end shall have all powers of the officer from whom the appeal is taken.
(Ord. 12-1966. Passed 10-10-66.)