Seven Hills City Zoning Code
CHAPTER 905
Zoning Board of Appeals
905.01 ORGANIZATION AND PROCEDURE.
(a) The provisions detailing the appointment, powers and terms of members of the Zoning Board of Appeals is found in City Charter Article V, Section 8.
(b) The Clerk of Council, or person designated by him, shall act as secretary of the Board of Appeals. A permanent record of the attendance and the proceedings of the Board shall be kept, showing its action and vote on each case.
(c) No action of the Board shall be taken on any case until after proper notice has been given and public hearing has been held pursuant to the standards set forth in this Chapter.
(d) The presence of three members shall constitute a quorum and the concurring vote of three (3) members of the Board shall be necessary to take action on an item before it.
(e) Each member of the Zoning Board of Appeals shall be paid an annual salary based upon the most recent compensation figure as adopted by City Council, payable on a monthly basis.
(Ord. 03-2025. Passed 2-11-25.)
905.02 JURISDICTION AND DUTIES OF THE ZONING BOARD OF APPEALS.
(a) The Board of Appeals shall have such duties and powers as are set forth in the various Sections of this Zoning Code. The Board shall adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Code.
(b) Area Variances. The Board shall hear and decide upon applications for area variances from the provisions of this Zoning Code.
(1) Within its powers, the Board may reverse or affirm, wholly or in part, 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 under the circumstances and to that end shall have all the powers of the officer from whom the appeal is taken and it may issue or direct the issuance of a permit.
(Ord. 03-2025. Passed 2-11-25.)
905.03 PUBLIC HEARING PROCEDURE.
(a) The following public hearing procedure shall be used by the Zoning Board of Appeals when required by this Zoning Code.
(1) Public Hearing Notice Requirements. Proper notice of a public hearing before the Zoning Board of Appeals shall consist of the following notice(s) given at least five (5) business days prior to the date of such hearing, in such manner as the Board may, by its rules, prescribe:
A. Written notice mailed to the owner or his agent at the address given on the application, at least five (5) business days prior to the date of such hearing, and
B. Written notice to the property owners, or their agents, of parcels located contiguous to the subject parcel in such manner as the Zoning Board of Appeals may, by its rules, prescribe at least five (5) business days prior to the date of such public hearing.
C. Written notice to any other property owners or their agents directly affected, as determined by the Zoning Board of Appeals on a case-by-case basis, so far as is practicable, and in such manner as the Zoning Board of Appeals may, by its rules, prescribe at least five (5) business days prior to the date of such public hearing.
D. Posted on the City website, at least fourteen (14) days prior to the public hearing, and
E. Posted at City Hall and the Recreation Complex at least fourteen (14) days prior to the public hearing.
(b) Failure of delivery of such notice set forth in this Section shall not invalidate action taken on such application.
(c) The Zoning Board of Appeals may recess and continue a public hearing without making a final determination on the matter, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(d) Any interested person may appear at the public hearing in person or by attorney.
(Ord. 03-2025. Passed 2-11-25.)
905.04 AREA VARIANCE.
(a) Area Variance Application Required. Upon receipt of a complete application, the Zoning Board of Appeals may authorize an area variance from the terms of this Code as will not be contrary to the public interest according to the following procedures and the area variance standards of review as set forth in this Section. Development density shall not be eligible for area variance consideration.
(b) Area Variance Definition. Area variances shall be defined as those variances from a zoning regulation that establishes minimum or maximum areas, heights, distances, separation volume or any other United States customary unit of measurement.
(c) Application Requirements. An application for an area variance shall be filed with the Building Commissioner upon the forms provided by the City, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested area variance:
(1) Name, address and phone number of applicant(s).
(2) Proof of ownership, legal interest or written authority.
(3) Description of property or portion thereof.
(4) Description or nature of variance requested.
(5) Narrative statements establishing and substantiating the justification for the variance.
(6) Development Plans, floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance.
(7) Application Fee. All appeals made to the Board for variances involving residential structures shall be accompanied by a fee in the amount established in the most recent fee ordinance adopted by City Council. Such fees shall be used to defray the expenses of the Board in the preparation and serving of legal notices required and other applicable expenses.
(8) Any other documents or information deemed reasonably necessary by the Building Commissioner in order to adequately review and make a determination on the application.
(d) Public Hearing. The Zoning Board of Appeals shall hold a public hearing as set forth in Section 905.03 to consider each area variance application.
(e) Area Variance Standards of Review. The Zoning Board of Appeals shall review each application for an area variance to determine if it complies with the purpose and intent of this Zoning Code and City Master Plan based on sufficient evidence demonstrating that the literal enforcement of this Code will result in a practical difficulty. A practical difficulty exists whenever a zoning standard unreasonably deprives a landowner of a permitted use of their property. All of the factors set forth in this Section do not need to be satisfied; rather, they shall be weighed together in the analysis as part of a balancing test. The factors to be considered and weighed in determining whether a property owner seeking an area variance has encountered practical difficulties in the use of their property include, but are not limited to:
(1) Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district. Examples of such special conditions or circumstances are exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures or conditions.
(2) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the area variance.
(3) Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures.
(4) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the area variance.
(5) Whether the variance would adversely affect the delivery of governmental services such as water, sewer, and trash pickup.
(6) Whether the property owner purchased the property with knowledge of the zoning restrictions.
(7) Whether special conditions or circumstances exist as a result of actions of the owner.
(8) Whether the property owner's predicament feasibly can be obviated through some method other than an area variance.
(9) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting an area variance.
(f) Request for Additional Information. The Zoning Board of Appeals may request that the applicant supply additional information that the Board deems necessary to adequately review and evaluate the request for an area variance.
(g) Area Variance Conditions. In authorizing an area variance, the Zoning Board of Appeals may apply such conditions to a variance approval deemed appropriate and necessary by the Board to adequately satisfy the applicable variance standards of review. The Board may require such evidence or statements, as it may deem necessary, that the conditions attached shall be complied with.
(h) City Council Review and Decision. Pursuant to Article V §8(d) of the Charter of the City, Council shall have the power to approve, amend, modify or reverse any decision of the Zoning Board of Appeals if Council finds that the decision of the Board is contrary to the purpose and intent of the zoning Codes. Such review by Council shall be made within ninety (90) days following the date of the decision or finding of the Board with respect to any matter upon which the Board has taken official action. A majority vote of the members of Council is necessary to approve, amend, modify or reverse any decision of the Board.
(i) Expiration and Extension of an Approved Area Variance.
(1) Expiration of an Approved Area Variance. An area variance approval shall expire 365 calendar days after the date of the meeting at which the Zoning Board of Appeals takes final action, unless construction, or other required work, commences in conjunction with a valid building permit and has been certified by the Building Commissioner as complete during that period.
(2) Extension of an Approved Area Variance. Upon a showing by the applicant that there has been uninterrupted progress and resolution of outstanding issues during that period, the Zoning Board of Appeals may, but need not, extend the area variance approval by up to 180 additional calendar days. The Zoning Board of Appeals may grant additional extensions for similar reasons, but no single extension shall exceed 180 additional calendar days.
(j) Violation of Area Variance Conditions. If the area variance is approved with conditions, the Board shall include the list of specific variance conditions upon which the variance was granted within the documented minutes of the public hearing meeting. Violations of such conditions shall be enforced in the following manner:
(1) Upon a finding that one (1) or more area variance conditions have not been satisfied, the Building Commissioner shall notify the applicant of the violation in writing by certified mail.
(2) The applicant shall have thirty (30) days from the receipt of the notice of violation to fully satisfy the area variance condition(s).
(3) Failure to satisfy the condition(s) within the thirty (30) day period shall result in the revocation of the area variance approval.
(k) Appeal of Variance Decision. If an area variance application has been denied by City Council, the applicant shall have the right to appeal the decision under the process set forth in Chapters 2505 and 2506 of the Ohio Revised Code. After the applicant has exhausted all available appeals rights, the denial shall be considered a final decision and no application on the same matter may be accepted by the Zoning Board of Appeals.
(Ord. 03-2025. Passed 2-11-25.)
905.05 USE VARIANCE PROHIBITED.
(a) For the purpose of this Zoning Code, a use variance request is not authorized and shall not be considered nor granted by the Zoning Board of Appeals.
(b) A use variance is defined as a variance that is granted to allow the establishment or expansion of a use of land that is not permitted in the zoning district in which the property is located. (Ord. 03-2025. Passed 2-11-25.)