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Strongsville City Zoning Code

CHAPTER 1248

Board of Zoning Appeals

1248.01 INTENT.

   A Board of Zoning Appeals is hereby established to assist in the administration of this Zoning Code, particularly to decide and interpret provisions which require impartial adjustments of conflicting interests an to grant variances from the strict letter of this Code in instances of unnecessary hardship. Such a Board is herein established to achieve, among others, the following purposes:
   (a)   To provide a method for alleviating unnecessary hardship by allowing a reasonable use for individual parcels of property which, because of unusual or unique circumstances, may be denied a reasonable use by a literal application of the terms of this Code;
   (b)   To review on appeal any order, requirement, decision or determination made by the Building Commissioner;
   (c)   To provide an administrative board, independent from all other Municipal boards or commissions, to act only pursuant to and in accordance with the standards established by the legislative body to hear and decide appeals which are to be tried over again from the beginning (de novo); and
   (d)   To provide that decisions and the granting of variances will sustain the constitutionality of the Code and be in compliance with the objectives of the Comprehensive Plan.
(Ord. 1978-165. Passed 10-16-78.)

1248.02 MEMBERSHIP; TERMS OF OFFICE.

   The Board of Zoning Appeals shall consist of five members appointed by the Mayor with the approval of a majority of members elected to Council. Members of the Board shall serve for a term of four years.
(Ord. 2006-11. Passed 4-3-06.)

1248.03 OFFICERS; POWERS AND DUTIES.

   The Board of Zoning Appeals shall elect from among its members a Chairman and a Vice-Chairman. The Board shall adopt rules and regulations, not inconsistent with this Zoning Code, as may be necessary to carry into effect the duties, powers and responsibilities conferred herein, in addition to those powers set forth in Article IV, Section 7, of the Charter. The powers, duties and responsibilities of the Board shall be:
   (a)    To hear appeals and decide any issues involving the application of impartial considerations and judgments in regard to decisions made by the Building Commissioner or any other administrative officer, board or commission on matters relating to this Zoning Code, for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits;
   (b)    To hear and decide upon applications for variations from the terms provided in this Code, subject to the standards set forth in Section 1248.08; and
   (c)    To hear and decide all matters specifically referred to it for decision in other sections of this Code.
(Ord. 1978-165. Passed 10-16-78.)

1248.04 PROCEDURE ON APPEALS.

   An appeal from any decision of the Building Commissioner or other officers with regard to an application for a building permit, issuance of a stop order, specific referral or some similar action may be made to the Board of Zoning Appeals by any person believing himself aggrieved or by any officer of the City affected by any such decision.
   To be considered, the appellant shall, within fifteen days after the date of such decision, file in the office of the Building Commissioner, a notice of appeal specifying the decision or section of this Zoning Code from which the appeal is sought, the error alleged and all necessary data in accordance with the form provided by the City.
(Ord. 1978-165. Passed 10-16-78.)

1248.05 MEETINGS AND HEARINGS.

   (a)    The Board of Zoning Appeals shall schedule regular monthly or semimonthly meetings, which can be canceled by the Chairman or a majority of the members of the Board. Special meetings or hearings can be called by the Chairman.
   (b)    The Board shall act within ninety days after receipt of all required information, and failure to act within such period shall be considered approval of the appeal unless an extension of time is approved pursuant to Section 202.03(c)(5). Before making any decision on an appeal, the Board shall hold a public hearing at such times as shall be determined by the Board. Notices of the time and place of hearings shall be mailed to the appellant and to the property owners within a 500-foot radius of the subject property as they appear in the current records of the City, or be published for two successive weeks prior thereto in a newspaper of general circulation in the City.
   (c)    The Board shall hear and decide appeals de novo and shall review on appeal any order, requirement, decision or determination made by the Building Commissioner in the enforcement or application of this Zoning Code. Within its powers, the Board may reverse or affirm, wholly or in part, or modify, any such order, requirement; decision or determination and may 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 whose decision the appeal is taken.
   (d)    All hearings conducted by the Board shall be open to the public. Any person may appear and testify regarding the issues at a hearing, either in person or by duly authorized agent or attorney. The Board shall have the power to subpoena and require the attendance of witnesses, to administer oaths, to compel testimony and to produce reports, findings and other evidence pertinent to any issue before it for decision.
   (e)    The Board shall also have the power and authority to prescribe any conditions to its decisions or orders which it deems to be necessary based upon the circumstances of each individual case.
(Ord. 1994-128. Passed 7-29-94.)

1248.06 QUORUM AND VOTE.

   The concurring vote of three members of the Board of Zoning Appeals shall be necessary to reverse any order, requirement, decision or determination of any duly authorized administrative officer.
   A member of the Board shall not be qualified to vote if he has not attended the public hearing or if he has a direct or indirect interest in the issue appealed.
(Ord. 1978-165. Passed 10-16-78.)

1248.07 RECORD OF DECISIONS.

   The Board of Zoning Appeals is authorized to engage the services of a secretary and shall provide a detailed report of all its proceedings, the vote of each member participating therein and the absence of a member or his failure to vote. Immediately following the Board's decision, such record, including conditions prescribed by the Board, shall be filed and posted for two weeks in the office of the Building Commissioner. The report shall be open to public inspection and copies shall be mailed forthwith to each interested party noted therein.
(Ord. 1978-165. Passed 10-16-78.)

1248.08 REASONS FOR GRANTING VARIANCES.

   The Board of Zoning Appeals shall have the power, in specific cases, to vary the application of certain provisions of this Zoning Code in order that the public health, safety, morals and general welfare may be safeguarded and substantial justice done for the following reasons:
   (a)    Where the literal application of the provisions of this Zoning Code would result in unnecessary hardship peculiar to the property involved and not based on conditions created by the owner (a theoretical loss or limiting possibilities of economic advantage are general hardships, not unnecessary hardships);
   (b)    Where other exceptional circumstances or conditions (such as topographical or geological conditions, or type of adjoining development) are only applicable to the property involved or to the intended use of the property or to a limited number of adjoining properties;
   (c)    Where granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located; and
   (d)    Where the granting of a variance will not be contrary to the general purpose, intent and objectives of this Zoning Code and the Comprehensive Plan. When appealing for a variance or modification, the appellant shall state and substantiate his claim that each of the four conditions listed above exists.
(Ord. 1978-165. Passed 10-16-78.)

1248.09 LAPSE OF VARIANCES.

   A variance once granted shall not be withdrawn or changed unless there is a change of circumstances, or if, after the expiration of one year, no substantial construction is done in accordance with the terms and conditions for which such variance was granted. In such case, the Building Commissioner shall give a notice in writing, and thirty days thereafter, the variance shall be deemed null and void, and all regulations governing such premises in question shall revert to those in effect before the variance was granted.
   Once an appeal has been denied by the Board of Zoning Appeals, it need not reconsider the same appeal or a substantially similar appeal involving the same property if resubmitted within six months after the date of decision unless the underlying conditions have substantially changed.
(Ord. 1978-165. Passed 10-16-78.)

1248.10 NOTICE TO COUNCIL AND PLANNING COMMISSION.

   Upon issuance by the Board of Zoning Appeals of any ruling, determination or order, the Secretary of the Board shall send, within three days of the date of such ruling, determination or order, a copy thereof to the Clerk of Council and to the Secretary of the Planning Commission who shall present such report at the next regular meeting.
(Ord. 1978-165. Passed 10-16-78.)