Swanton City Zoning Code

ARTICLE 150

69 APPEALS AND VARIANCES

§ 150.691 APPEALS TO THE PLANNING COMMISSION.

Appeals may be made by any applicant aggrieved by a decision of the Zoning Administrator to refuse to issue a zoning permit or certificate of zoning compliance. Such appeal shall be made in writing to the Zoning Administrator for referral to the Planning Commission, and shall be submitted in writing within twenty (20) days after the decision.

(Ord. 2023-03, passed 2-27-2023)

§ 150.692 INITIATION OF APPEAL.

(A) Upon the filing of an appeal, the Zoning Administrator shall transmit to the Planning Commission all the papers constituting the record upon which the action appealed from was taken.

(B) All appeals shall be submitted with the required fees, as established in the Village of Swanton fee schedule.

(Ord. 2023-03, passed 2-27-2023)

§ 150.693 PLANNING COMMISSION HEARING OF APPEAL.

(A) Upon the filing of appeal with the Planning Commission, the Planning Commission shall fix a reasonable time for the public hearing of the appeal, notice of which shall be mailed to the applicant and to the affected property owners as they appear in the current records of the County Auditor or be published for two successive weeks prior thereto, in a newspaper of general circulation in the village.

(B) The Planning Commission may recess such hearings from time to time, 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.

(C) The appellant and the officer whose act or omission is the subject matter of appeal shall have the right to appear in person and with legal counsel as well as any person in interest may appear at the public hearing in person or by attorney.

(D) The Planning Commission shall have the power to subpoena persons, records and other pertinent data, on its own motion or at the request of the appellant or the administrative officer.

(E) In considering the appeal, competent evidence may be presented directly affecting the subject matter of appeal.

(Ord. 2023-03, passed 2-27-2023)

§ 150.694 STAY OF PROCEEDINGS.

An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Planning Commission after the notice of the appeal has been filed, that by reason of facts stated in the application, a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Planning Commission or by a court of record on application, on notice to the Zoning Administrator from whom the appeal is taken on due cause shown.

(Ord. 2023-03, passed 2-27-2023)

§ 150.695 DECISION OF THE PLANNING COMMISSION ON APPEALS.

(A) The Planning Commission shall take action upon such application within 45 days after the date of receiving said application;

(B) Within its powers, the Planning Commission may reverse or affirm, wholly or in part, the decision being appealed, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of a permit or certificate.

(Ord. 2023-03, passed 2-27-2023)

§ 150.696 VARIANCES.

The Planning Commission may authorize upon appeal in specific cases a variance from the terms of this Zoning Code as will not be contrary to the public interest according to the following procedures.

(Ord. 2023-03, passed 2-27-2023)

§ 150.697 VARIANCE APPLICATION REQUIREMENTS.

Application for a variance shall be received from the applicant by the Zoning Administrator and referred to the Planning Commission. The application shall include all such forms, maps, and information, as may be prescribed for that purpose by the Zoning Administrator to assure the fullest practicable presentation of the facts for the permanent record, including:

(A) The completed application form, along with the appropriate review fee;

(B) Legal description of property or portion thereof;

(D) Narrative statements establishing and substantiating the justification for the variance pursuant to the criteria in § 150.698(B); and

(E) A plan, neatly and legibly drawn to adequately depict the information showing the following, where applicable:

(1) The lot/parcel identification of the subject site and the adjacent parcels;

(2) The street providing access to the lot as well as the location and setback of driveways;

(3) The actual dimensions of the lot, the setbacks and other open space dimensions thereof and the location and size of any existing structures thereon;

(4) The location and size of the proposed structure, and/or the proposed enlargement of existing structures;

(F) List of all owners of the property contiguous to and directly across the street from the property for which the variance is requested.

(G) Any other information, including but not limited to floor plans and other drawings at a reasonable scale to convey the need for the variance, which, in the judgment of the Zoning Administrator, may be necessary to provide for the enforcement of this Code.

(H) If a verbatim record is desired by the appellant, he/she shall furnish the court reporter and bear the expense of typing said record.

(Ord. 2023-03, passed 2-27-2023)

§ 150.698 PLANNING COMMISSION REVIEW OF VARIANCE REQUEST.

(A) Hearing and Notice. The Planning Commission shall schedule a hearing to review the variance application and give notice of the same.

(1) Upon such application being filed, the Zoning Administrator shall provide written notice to the owners of all properties directly contiguous to the property for which the variance is requested; or be published for two successive weeks prior thereto, in a newspaper of general circulation in the village.

(2) Such notice shall be provided by first class mail or hand delivery, at least ten (10) days before the date of the Planning Commission hearing at which the variance will be considered. Such notice shall be mailed to the address of such property owners appearing on the County Auditor’s current tax list. The failure of delivery of such notice shall not invalidate any determination made by the Planning Commission.

(B) Factors for Review of Variance Application. The Planning Commission shall review each application for a variance to determine if it complies with the purpose and intent of this Zoning Code and the evidence demonstrates that the literal enforcement of this Zoning Code will result in practical difficulty or unnecessary hardship, depending on the type of variance requested.

(1) Unnecessary Hardship for Use Variance. Where the literal application of the provisions of this zoning code would result in unnecessary hardships peculiar to the property involved, the Planning Commission may grant a use variance in the application of the provisions of the Zoning Code only if all of the following findings are made:

(a) 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 generally created by the provisions of the Zoning Code in the neighborhood or district in which the property is located.

(b) That because of such physical circumstances or conditions, there is no possibility that the property can be developed, further developed, or used in strict conformity with the provisions of the Zoning Code and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

(d) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use of development of adjacent property, nor be detrimental to the public welfare.

(e) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

(2) In determining practical difficulty, the Planning Commission shall consider and weigh the following factors when determining whether the applicant will experience practical difficulties:

(a) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.

(b) Whether the variance is substantial.

(c) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance.

(d) Whether the variance would adversely affect the delivery of governmental services.

(e) Whether the property owner purchased the property with knowledge of the zoning restriction.

(f) Whether the property owner’s predicament feasibly can be obviated through some method other than a variance.

(g) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.

(3) The Planning Commission shall not grant a variance unless it shall, in each case, make specific findings of fact directly based upon the particular evidence presented to it from the factors above.

(C) Requests for Additional Information. The Planning Commission may request that the applicant supply additional information that the Planning Commission deems necessary to review and evaluate the request for a variance.

(Ord. 2023-03, passed 2-27-2023)

§ 150.699 DECISION ON VARIANCE APPLICATION.

(A) The Planning Commission shall take action upon such application within 45 days after the date of receiving said application. The Planning Commission shall: approve; approve with supplementary conditions; or disapprove the request.

(B) The Planning Commission may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulation(s) or provision(s) to which the variance applies will be met. Violation of such conditions and safeguards, when made a part of the terms under which the application is granted, shall be deemed a violation punishable under Article 150.71, Enforcement and Penalties.

(C) If the Planning Commission fails to act within 45 days from the date of receiving the application, or an extended period as may be agreed upon by the Planning Commission and applicant, then the application shall be considered denied.

(Ord. 2023-03, passed 2-27-2023)

§ 150.700 REVIEW OF NONCONFORMING USES, STRUCTURES AND LOTS.

The Planning Commission shall review applications regarding a nonconforming use, structure, or lot as specified in Article 150.41, as an appeal, and may authorize such application with such conditions and limitations as the Planning Commission shall deem in the public interest.

(Ord. 2023-03, passed 2-27-2023)

§ 150.701 APPEAL TO COMMITTEE OF ZONING APPEAL.

Any party adversely affected by a decision of the Planning Commission may appeal such decision to the Committee of Zoning Appeals.

(A) An appeal from a decision of the Planning Commission with regard to an application for a development plan, conditional use permit, similar use determination, specific referral, or some similar action may be made to the Committee by any person believing himself or herself aggrieved or by any such decision.

(B) To be considered, the appellant shall, within ten days after the date of such decision, file in the office of the Zoning Administrator, a notice of appeal specifying the decision or section of this Zoning Code from which the appeal is sought, the error alleged and all relevant data.

(1) Before making any decisions on any appeal, the Committee shall hold a public hearing or hearings during a regularly scheduled or special Village Council meeting.

(2) Notices of the time and place of hearings shall be mailed to the appellant and to the affected property owners as they appear in the current records of the County Auditor of Fulton or Lucas County or be published for two successive weeks prior thereto, in a newspaper of general circulation in the village.

(3) All hearings conducted by the Committee shall be open to the public. Any person may appear and testify at a hearing either in person or by duly authorized agent or attorney. The Committee shall have the power to subpoena and require the attendance of witnesses, to administer oaths, to compel testimony, to produce reports, findings and other evidence pertinent to any issue referred to it for decision.

(D) Action. The Committee of Zoning Appeals shall act within 45 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 mutually agreed upon.

(E) Record of decisions. The Committee Secretary shall provide a detailed report of all its proceedings, setting forth its reasons for decisions, the vote of each member participating therein the absence of a member, or a member’s failure to vote. Immediately following the Committee’s decision, such record, including any conditions prescribed by the Committee, shall be filed and posted for two weeks in the office of the Fiscal Officer. The report shall be open for public inspection and copies shall be provided to the appellant or any interested party noted therein.

(F) Notice to Council and Planning Commission. Upon issuance by the Committee of Zoning Appeals of any ruling, determination or order, the Chairperson of the Committee shall send within 14 days of the date of such ruling, determination or order, a copy thereof to the Fiscal Officer and to the Chairperson of the Planning Commission who shall present such report at its next regular meeting.

(Ord. 2023-03, passed 2-27-2023)

§ 150.702 APPEAL TO COURT OF COMMON PLEAS.

Any person aggrieved by a decision of the Committee of Zoning Appeals may, within 30 days after the filing of such decision, appeal such decision to the Court of Common Pleas of Fulton or Lucas County, as provided in R.C. Chapter 2506. Such appeals may be either on questions of law or on questions of fact.