St Paris City Zoning Code
ADMINISTRATION
§ 154.350 OFFICE OF ZONING OFFICER CREATED; DUTIES.
(A) A Zoning Officer designated by the Mayor with the consent of the Village Council shall administer and enforce this chapter. He or she may be provided with the assistance of such other persons as the Mayor may direct.
(B) For the purpose of this chapter, the Zoning Officer shall have the following duties:
(1) Upon finding that any of the provisions of this chapter are being violated, he or she shall notify, in writing, the person responsible for such violation, ordering the action necessary to correct such violation;
(2) Order discontinuance of illegal uses of land, building, or structures;
(3) Order removal of illegal buildings or structures, or illegal additions or structural alterations;
(4) Order discontinuance of any illegal work being done; and/or
(5) Take any other action authorized by this chapter to ensure compliance with, or to prevent violation(s) of, this chapter. This may include the issuance of, and action on, zoning and certificate of occupancy permits, and such similar administrative duties as are permissible under the law.
(Ord. 420, passed 3-4-1981)
§ 154.351 PROCEEDINGS OF PLANNING COMMISSION.
The Planning Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson and at such other times as the Planning Commission may determine. All meetings shall be open to the public. The Planning Commission 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 a public record and be immediately filed in the office of the Planning Commission.
(Ord. 420, passed 3-4-1981)
§ 154.352 BOARD OF ZONING APPEALS CREATED; PROCEEDINGS; DUTIES.
(A) Creation. A Board of Zoning Appeals is hereby created, which shall consist of five members to be appointed by the Mayor with the consent of the Village Council each for a term of five years, except that the initial appointments shall be one member each for one-, two-, three-, four-, and five-year terms. Each member shall be a resident of the village. Members of the Board may be removed from office by the Village Council for cause upon written charges and after public hearing. Vacancies shall be filled by appointment by the Mayor with the consent of the Village Council for the unexpired term of the member affected.
(B) Proceedings. The Board of Zoning Appeals shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings 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 a public record and be immediately filed in the office of the Board of Zoning Appeals.
(C) Duties.
(1) In exercising its duties, the Board of Zoning Appeals may, as long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Officer from whom the appeal is taken. The concurring vote of four members of the Board of Zoning Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.
(2) For the purpose of this chapter, the Board of Zoning Appeals has the following specific responsibilities:
(a) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Officer;
(b) To authorize such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done; and
(Ord. 420, passed 3-4-1981)
§ 154.353 DUTIES OF ZONING OFFICER, BOARD OF ZONING APPEALS, LEGISLATIVE AUTHORITY, COURTS ON MATTERS OF APPEAL.
It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the Zoning Officer, and that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the Zoning Officer, and that recourse from the decisions of the Board of Zoning Appeals shall be to the courts as provided by law. It is further the intent of this chapter that the duties of the Village Council, in connection with this chapter, shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this chapter. Under this chapter, the Village Council shall have only the duties of considering and adopting, or rejecting, proposed amendments, or the repeal of this chapter as provided by law; approving or rejecting Planned Unit Development projects; and of establishing a schedule of fees and charges, as stated in § 154.385. Nothing in this chapter shall be interpreted to prevent any official of the village from appealing a decision of the Board of Zoning Appeals to the courts, as provided in the Revised Code. Any such appeal shall be made within ten days of the Board of Zoning Appeal’s written decision.
(Ord. 420, passed 3-4-1981)
§ 154.354 PROCEDURES AND REQUIREMENTS FOR APPEALS AND VARIANCES.
§ 154.355 APPEALS.
Appeals to the Board of Zoning Appeals concerning interpretation or administration of this chapter may be taken by any person aggrieved, or by any officer or bureau of the legislative authority of the village affected, by any decision of the Zoning Officer. Such appeal shall be taken within 30 days after the decision by filing, with the Zoning Officer and with the Board of Zoning Appeals, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Officer shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed was taken.
(Ord. 420, passed 3-4-1981)
§ 154.356 STAY OF PROCEEDINGS.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Officer from whom the appeal is taken certifies to the Board of Zoning Appeals, after the notice of appeal is filed with him or her, that by reason of facts stated in the application, a stay would, in his or her opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals, or by a court of record on application, on notice to the Zoning Officer from whom the appeal is taken on due cause shown.
(Ord. 420, passed 3-4-1981)
§ 154.357 VARIANCES.
The Board of Zoning Appeals may authorize, upon appeal, in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts, shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this chapter would result in unnecessary hardship.
(Ord. 420, passed 3-4-1981)
§ 154.358 APPLICATION AND STANDARDS FOR VARIANCES.
(A) A variance from the terms of this chapter shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Zoning Officer and the Board of Zoning Appeals containing:
(1) Name, address, and phone number of applicants;
(2) Legal description of property;
(3) Description of nature of variance requested; and
(4) A narrative statement demonstrating that the requested variance conforms to the following standards:
(a) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same district;
(b) A literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(c) Special conditions and circumstances do not result from the actions of the applicant; and
(d) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.
(B) A variance shall not be granted unless the Board of Zoning Appeals makes specific findings of fact based directly on the particular evidence presented to it, which support conclusions that the standards and conditions imposed by division (A)(4) above have been met by the applicant.
(Ord. 420, passed 3-4-1981)
§ 154.359 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district. In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this chapter and punishable under § 154.999(B).
(Ord. 420, passed 3-4-1981)
§ 154.360 PUBLIC HEARING BY THE BOARD OF ZONING APPEALS.
The Board of Zoning Appeals shall hold a public hearing within 30 days after the receipt of an application for an appeal or variance from the Zoning Officer or an applicant.
(Ord. 420, passed 3-4-1981)
§ 154.361 NOTICE OF PUBLIC HEARING IN NEWSPAPER.
Before holding the public hearing required in § 154.360, notice of such hearing shall be given in one newspaper of general circulation in the village at least ten days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
(Ord. 420, passed 3-4-1981)
§ 154.362 NOTICE TO PARTIES OF INTEREST.
Before holding the public hearing required in § 154.360, written notice of such hearing shall be mailed by the Chairperson of the Board of Zoning Appeals, by first class mail, at least ten days before the day of the hearing to all parties of interest. The notice shall contain the same information as required of notices published in newspapers as specified in § 154.361. Parties of interest shall include, but not be limited to, property owners contiguous to, and directly across the road (street) from, the parcel(s) in question.
(Ord. 420, passed 3-4-1981)
§ 154.363 ACT BY BOARD OF ZONING APPEALS.
Within 30 days after the public hearing required in § 154.360, the Board of Zoning Appeals shall either approve, approve with supplementary conditions, as specified in § 154.359, or disapprove the request for appeal or variance. The Board of Zoning Appeals shall further make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building, or structure. Appeals from Board decisions shall be made in the manner specified in § 154.353.
(Ord. 420, passed 3-4-1981)
§ 154.364 PROCEDURE AND REQUIREMENTS FOR APPROVAL OF CONDITIONAL USE PERMITS.
(A) General. It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these, and some other more conventional uses, possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation, and public facilities that each specific use must be considered individually. These specific uses, as they are conditionally permitted under the provisions of §§ 154.075 through 154.077, shall follow the procedures and requirements set forth in divisions (B) through (G) below.
(B) Contents for application. An application for conditional use permit shall be filed with the Chairperson of the Board of Zoning Appeals by at least one owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
(1) Name, address, and phone number of the applicant;
(2) Legal description of property;
(3) Description of existing use;
(4) Zoning district;
(5) Description of proposed conditional use;
(6) A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the Board of Zoning Appeals may require to determine if the proposed conditional use meets the intent and requirements of this chapter; and
(7) A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, odor, and fumes, on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan.
(C) General standards. The Board of Zoning Appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards, and shall find adequate evidence showing that such use at the proposed location:
(2) Will be harmonious with, and in accordance with, the general objectives, or with any specific planning objectives of this chapter;
(3) Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area;
(4) Will not be hazardous or disturbing to existing or future neighboring uses;
(5) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;
(6) Will not create excessive additional requirements at public cost for public facilities and services, and will not be detrimental to the economic welfare of the community;
(7) Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, or odors; and
(8) Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares.
(D) Supplementary conditions, safeguards. In granting any conditional use, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this chapter and punishable under § 154.999(B).
(E) Procedure for hearing, notice. Upon receipt of the application for a conditional use permit, specified in division (B) above, the Board of Zoning Appeals shall hold a public hearing, publish notice in a newspaper, and give written notice to all parties of interest according to the procedures specified in §§ 154.360 through 154.362.
(F) Action by Board of Zoning Appeals.
(1) Within 30 days after the public hearing required in division (E) above, the Board of Zoning Appeals shall either approve, approve with supplementary conditions, as specified in division (D) above, or disapprove the application as presented. If the application is approved or approved with modifications, the Board of Zoning Appeals shall direct the Zoning Officer to issue a conditional use permit listing the specific conditions specified by the Board of Zoning Appeals for approval.
(2) If the application is disapproved by the Board of Zoning Appeals, the applicant may seek relief through the Court of Common Pleas. Appeals from Board of Zoning Appeals’ decisions shall be made in the manner specified in § 154.353.
(G) Expiration of permit. A conditional use permit shall be deemed to authorize only one particular conditional use, and said permit shall automatically expire if, for any reason, the conditional use shall cease for more than two years.
(Ord. 420, passed 3-4-1981)