Strasburg City Zoning Code
BOARD OF
ZONING APPEALS
§ 153.190 PURPOSE, ORGANIZATION AND PROCEDURES.
(A) Purpose. The purpose of the Board of Zoning Appeals (Board) is to hear appeals of decisions made by the Zoning Inspector; consider variances where there are unnecessary physical hardships in carrying out the strict interpretation of this chapter; providing such exception is in harmony with the general purpose and intent of this chapter and in accordance with the procedures and provisions specified in this subchapter; and to perform other duties as determined by the Village Council. The Board shall have the powers and duties as described in this chapter.
(B) Appointment. There is hereby established a Board of Zoning Appeals which shall consist of five electors appointed by the Village Council. The Council shall choose a successor to fill any vacancy. The five electors first appointed shall serve for terms of one, two, three, four and five years, respectively; thereafter appointments shall be for five-year terms, beginning January 1. Each member shall serve until his or her successor is appointed and qualified. Vacancies shall be filled by the Council and shall be for the respective unexpired term. The members of the Board of Zoning Appeals may receive such compensation as the Council provides.
(C) Organization. Meetings shall be held at the call of the chairperson and at such other times as the Board may determine. The hearings of the Board of Zoning Appeals shall be public. However, the Board may go into executive session for discussion but not for vote on any case before it. The Board shall organize annually and elect a President, Vice-President and Secretary. The Board shall adopt from time to time such rules and regulations, as it may deem necessary to carry into effect the provisions of this chapter.
(D) Quorum. Three members of the Board shall constitute a quorum. 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 application in any matter in which the Board has original jurisdiction under this chapter, or to grant any variance from the requirements stipulated in this chapter.
(E) Minutes and records. 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 with the office of the Clerk and shall be a public record.
(F) Witnesses and oaths. The Board shall have the power to subpoena witnesses, administer oaths and punish for contempt, and may require the production of documents under such regulations as it may establish.
(G) Department and Planning Commission assistance. The Board may call upon the various officials and employees of the village for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required. The Planning Commission may provide such reports, information and recommendations prior to the Board’s consideration of any case.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.191 APPLICATIONS.
An application, in cases in which the Board has original jurisdiction under the provisions of this chapter, may be taken by any person aggrieved, including a tenant, or by a governmental officer, department, board or bureau. Such application shall be filed with the Zoning Inspector who shall transmit same to the Board. An application to the Board shall contain two original, collated sets of the information listed below. Applicants are encouraged, but not required, to contact the Zoning Inspector to review the requirements for applications prior to submittal. No hearing will be scheduled until a complete application is filed which contains the following:
(A) An application form, available from the Zoning Inspector, to be completed and signed by the applicant and property owner(s);
(C) Names and addresses of owners of properties within 200 feet of the subject property; and
(D) A fee as required in this chapter.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.192 HEARINGS.
(A) Notices required. The Board shall fix a reasonable time for the hearing of an appeal, give at least ten days public notice thereof in a newspaper of general circulation in the village and at least ten days’ notice to owners of property within 200 feet of the subject property. It shall be the responsibility of the applicant to provide names and addresses of property owners. The applicant shall be advised of the date, time and place of the hearing and further, that he or she or a representative must appear to have the application or appeal heard. The chairperson of the Planning Commission shall be given at least ten days’ notice of a scheduled hearing
(B) Public hearings. The hearings of the Board shall be public. However, the Board may go into executive session for discussion but not vote on any case before it.
(C) Adjourned hearings. Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in said application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of said hearing unless the Board so decides.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.193 ACTIONS OF THE BOARD.
(A) Decision of the Board. The Board shall decide all appeals and variances within 30 days after the final hearing thereon.
(B) Transmittal of Board decision to applicant. A certified copy of the Board’s decision shall be transmitted to the applicant and property owner which was the subject of the appeal. Such decision shall be binding upon the Zoning Inspector and observed by him or her, and he or she shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.
(C) Date decision of the Board becomes final. A decision of the Board shall not become final until the expiration of five business 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) Board action and appeal of Board decision. The Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the Zoning Inspector from whom the appeal is taken. Any party adversely affected by a decision of the Board may appeal to the Court of Common Pleas of the county on the ground that the decision was unreasonable or unlawful.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.194 APPEALS.
(A) Purpose. The purpose of an application for appeal is to give the Board the opportunity to ensure that village ordinances have been properly interpreted and enforced by the Zoning Inspector. It is not intended to permit the Board to override the purpose and intent of village ordinances which may only be done through legislative action by the Village Council.
(B) Deadline for filing appeal. An appeal to the Board may be taken by any person aggrieved or by an officer of the village affected by any decision of the Zoning Inspector. Such appeal shall be taken within 20 days after the initial decision by the Zoning Inspector , 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. The appeal shall include application materials as required in § 153.191.
(C) Appeal stays further proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Inspector shall certify to the Board of Zoning Appeals after the notice of appeal shall have been filed with it that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property in which case proceedings shall not be stayed otherwise than by 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 on due cause shown.
(Ord. O-38-2020, passed 12-14-2020)
§ 153.195 VARIANCES.
(A) Criteria for variances. The Board shall have the power to hear and decide appeals and authorize such variances from the provisions or requirements of this chapter as will not be contrary to the public interest, but only in such cases where, owing to special conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this chapter would cause undue and unnecessary hardship. In authorizing a variance, the Board may attach such conditions and require such guarantee or bond as it may be necessary to assure compliance with the objectives of this chapter. When considering a request for a variance, the Board may grant a variance in the application of the provisions of this chapter only if all of the following required findings are made:
(1) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions of the property generally created by the provisions of this chapter in the neighborhood or district in which the property is located, and not by an action or actions of the property owner or the applicant;
(2) That because of such conditions or physical circumstances, there is no possibility that the property can be developed in strict conformity with the provisions of this chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;
(3) That the granting of the variance will not adversely affect the rights of the adjacent property owners or residents;
(4) That the strict application of this chapter of which the variance is requested will constitute unnecessary hardship upon the property owner or the applicant, and that such unnecessary hardship has not been created by the appellant;
(5) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located;
(6) That the variance desired will not adversely affect the public health, safety, morals or general welfare;
(7) That the variance will not adversely affect the delivery of emergency, safety or government services; and
(8) That the variance, if authorized, will represent the minimum use or area variance that will afford relief and will represent the least modification possible of the regulation and issue.
(B) Board may recommend zone change. The Board may determine that the requested use or structure is not eligible for a variance, but may form the opinion that the proposed project is otherwise acceptable. The Board may make a recommendation to the Council for an amendment to this chapter. Notwithstanding the action of the Board, the applicant may apply for a zone change according to the ordinances of the village.
(Ord. O-38-2020, passed 12-14-2020)