A Board of Zoning Appeals is hereby established as a separate administrative board, which shall consist of five members, comprised of five electors of the City appointed by the Mayor and approved by a majority of the members of Council. The elector members shall not hold any other office or employment in the City government. Current members shall serve their existing respective terms. A new member of the Board of Zoning Appeals shall be appointed by the Mayor promptly upon passage of this section to replace the Mayor as a member of the Board and shall serve for a period of two years, commencing February 1, 2018. Thereafter, the terms of all elector members shall be for two years, commencing February 1, in the respective years of their appointment. Vacancies in such elector membership of the Board shall be filled for the remainder of the unexpired term of the member whose place becomes vacant. The Board shall choose from its members a chairperson, who shall serve for two years or until his or her successor is chosen. The Clerk of Council of the City shall serve as secretary of the Board of Zoning Appeals and shall keep such records and journals as shall be required by rule of the Board or by ordinance. Council shall select one of its members as of the effective date of this section and at the organization meeting each two years to attend all meetings of the Board. Such Councilperson shall have the right to participate in the discussions, but shall not have a vote.

(Ord. 2017-52. Passed 1-2-2018.)

   The Board shall have the following powers and duties:

   (a)   Interpretation of Zoning Code Provisions. To decide any question involving the interpretation of any provision of this Zoning Code, on appeal from a decision of any administrative official, and further to decide matters left in this Zoning Code to the opinion of the Board, such as what is a suitable nonconforming use to replace a legal nonconforming use (Section 1276.02).

   (b)   Special Permits. To approve applications for special permits for any uses for which this Zoning Code requires such permits and their approval by the Board, subject to the following requirements and other applicable provisions of this Zoning Code:

      (1)   The location, size and character of the proposed use is such that, in general, it will be in harmony with the existing development of the district in which the site is situated and will not hinder or discourage the appropriate future development and use of land and buildings in the vicinity or impair their value, and will not conflict with the aims and goals of the General City Plan.

      (2)   If the proposed site is in a residence district, the proposed use will not result in hazard to pedestrian traffic, especially to children; the height, bulk and location of buildings and the nature, height and location of walls and fences and the extent and character of the landscaping are such that the development will be in harmony with residential community.

      (3)   If the location is in a business district, the size, nature and intensity of operation, the layout of the site and its relation to its access streets are such that vehicle traffic and pedestrian traffic will not be more hazardous, taking into consideration turning movements, sight distances and driveways across sidewalks; the proposed development will be in harmony with the prevailing shopping habits, the physical and economic relationships of one type of use to another, and the characteristic grouping of uses in business districts; the proposed development will not be objectionable to nearby dwellings in residence districts because of noise, fumes or flashing of lights to a greater degree than is normal for uses in a business district. In acting on any application for a special permit, the Board may impose any conditions that it deems necessary to accomplish the reasonable application of the foregoing standards and may deny such application, but only in accordance with those standards. The City Planning Commission may adopt from time to time additional standards for specific uses, to serve as additional guides for approval of special permits.

(Ord. 56-53. Passed 10-1-1956.)

   (c)   Uses Permitted Upon Special Permit.

      (1)   Special uses. The Board of Zoning Appeals may grant special permits for any use not governed by Section 1274.01(b) provided such use otherwise fulfills the criteria set forth in Chapter 1274 or may refer any such application to the Planning Commission without additional charge therefor and the Board shall have specific authority to issue special permits for public utility uses essential for service to needs of the vicinity, but not including storage, manufacturing or repair shops or yards either as main or accessory uses.

(Ord. 82-26. Passed 7-6-1982; Ord. 91-26. Passed 5-20-1991.)

      (2)   Temporary uses. On undeveloped land where neighborhood conditions are suitable, and subject to the filing of bonds by the appellants to guarantee compliance with the conditions of the permit, the Board may approve temporary and conditional permits for not more than two-year periods for structures and uses that do not conform to the regulations prescribed elsewhere in this Zoning Code for the district in which they are located and such permits may be renewed by the Board under the same procedure.

      (3)   Transitional uses. In any district within 150 feet of the boundary of a less restricted district, the Board may approve any use which the Board deems to be a suitable transitional use between the more restricted and the less restricted district in question, provided, however, that there is no existing occupancy between the site of the proposed use and the less restricted district boundary line which will be seriously injured by the proposed transitional use.

      (4)   Car parking lots. In any residence district, on land within one hundred feet of a business district and not separated therefrom by a street or alley, the Board may approve a car parking lot, provided that the Board first finds that such use is necessary for the parking needs of the adjoining business district and that such use will not create traffic hazards or be seriously harmful to adjacent property values. Such parking lot shall comply with all requirements of Section 1272.04, and the Board shall require such additional safeguards for the protection of life and property of the surrounding area as the Board finds necessary or desirable.

(1982 Code, § 1105.03) (Ord.56-53. Passed 10-1-1956.)

      (5)   Renewal of special use permits.

         A.   Special permits shall expire on the anniversary of issuance in the absence of renewal thereof, in which event the penalties and provisions of Section 1242.99 shall apply.

         B.   Upon application of the owner or occupant, all special use permits shall be renewed annually, subject to the approval of the Board of Zoning Appeals in conformity with the procedures in Section 1244.06, and the Board shall renew such special permit on the condition that such use continues to conform to the conditions and the terms which gave rise to the initial issuance and subsequent renewals of such special permit.

      (6)   Renewal fee. Fees shall be remitted with the application for renewal of a special permit in accordance with the following fee schedule:

         A.   Residential use only: No charge.

         B.   Commercial or any other use to the extent authorized under a special use permit shall require an inspection fee equal to fees otherwise charged under Section 1496.07, provided, however, that such fee shall be waived or abated upon payment of the fees required under Chapter 1496 for the issuance of an annual certificate of occupancy.

(Ord. 86-4. Passed 2-3-1986; Ord. 91-26. Passed 5-20-1991.)

   (d)   Variances from Code Requirements. On appeal from a decision of the Building Commissioner, to vary or adjust the strict application of the requirements of this Zoning Code in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, when strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case. In such instance, the Board shall designate such conditions in connection therewith as will, in its opinion, protect as far as reasonable the health, safety and values of adjoining and surrounding property and preserve the general purposes of the City Plan.

(Ord. 56-53. Passed 10-1-1956.)

   (e)   Appeals Specifically Referred. To review decisions and orders of the Building Commissioner or other administrative official having authority to make decisions and orders under provisions of the Dwelling House Code, Housing Code, General Building Code, Fire Prevention Code, and similar ordinances, where appeals from such decisions and orders are specifically authorized by the applicable provisions of such Code or Ordinance.

(1982 Code, § 1105.03) (Ord. 70-47. Passed 4-27-1970.)

   (a)   Application for Board Approval.

      (1)   Any person who desires to replace a lawful nonconforming use with a nonconforming use which he or she deems as qualifying under Section 1276.02 may make application in writing for approval by the Board of such proposed use.

      (2)   Any person who deems his or her property to qualify for approval of a special permit as provided in Section 1244.03(b) may make application in writing for approval by the Board of his or her proposed use.

(Ord. 56-53. Passed 10-1-1956.)

   (b)   Appeal for Variance and from Decision of Division of Building Engineering and Inspection.

      (1)   Any person who deems his or her property to suffer such physical limitations of size, shape, slopes of ground or other physical conditions as to require an adjustment or variance of the regulations of this Zoning Code in order to enable him or her to make reasonable use of his or her property, may appeal in writing to the Board to approve such adjustment.

      (2)   Except as otherwise set forth in subsection (3) hereof, any person aggrieved by a decision of the Building Commissioner or the Director of Housing and Community Development in the granting or refusal of a building permit or certificate of occupancy under this Zoning Code, or by a decision or order of the Building Commissioner, Director of Housing and Community Development, Chief of Fire or other administrative officer pertaining to regulations under this Zoning Code or under the Ohio Residential Code, General Building Code, Fire Prevention Code or similar ordinance, may appeal in writing to the Board from such decision or order.

      (3)   With respect to the denial of any application for a demolition permit for demolition of a residential structure, there shall be no right of appeal to the City’s Board of Zoning Appeals.

(Ord. 2002-24. Passed 8-12-2002; Ord. 2017-51. Passed 1-2-2018; Ord. 2022-59. Passed 10-3-2022.)

(Ord. 2002-24. Passed 8-12-2002; Ord. 2017-51. Passed 1-2-2018.)

   (a)   Any such written application as provided in Section 1244.04(a) for approval of the Board shall be filed with the Division of Building Engineering and Inspection within ten days from the date of the application for a building permit or certificate of occupancy. Any such written appeal from the decision of the Building Commissioner, Chief of Fire or other administrative officer, as provided in Section 1244.04(b) shall be filed with the Division of Building Engineering and Inspection within ten days from the decision, order or action appealed from. Such written application, except for applications for special permits, or appeal shall be accompanied by a non-refundable filing fee of fifty dollars ($50.00). A written application for a special permit as provided in Section 1244.03 shall be accompanied by a non-refundable filing fee of one hundred fifty dollars ($150.00) for properties located in residential zoning districts and three hundred dollars ($300.00) for properties located in all other zoning districts. Any additional actual costs incurred by the City shall be the sole responsibility of the applicant.

   (b)   Upon receipt of any such written application or appeal, the Division of Building Engineering and Inspection shall immediately transmit the same to the Board, together with the application, plans, maps and all other data in its possession as may be useful to the Board in arriving at a proper decision.

(Ord. 2002-24. Passed 8-12-2002; Ord. 2009-22. Passed 5-18-2009; Ord. 2011-74. Passed 10-17-2011.)

   Upon receipt of the material transmitted by the applicant to the Building Commissioner, the Board shall hold a public meeting on an officially filed application or appeal within 21 days after the applicant's official filing date. Before holding such public meeting, written notice thereof shall be provided by first class mail at least seven calendar days before the date of the public meeting, with such notice deemed given on the date of mailing. Mailed notices shall be given to the record owner of the premises in the case or his or her agent and to his or her builder and architect, to the record owners of parcels within 100 feet from the exterior boundaries of the area described in the application or appeal, and to the record owners of other parcels deemed by the Board to be immediately affected by the case, and to members of Council. The City, at the discretion and in lieu of mailed notice, may provide for the hand delivery of written notice. The written notice shall set forth the time and place of the public meeting and the nature of the application or appeal. The failure to deliver the notice as provided in this section shall not invalidate the public meting or any decision on the application. The Board shall hear all parties appearing in the case and shall make a decision within a reasonable time, not exceeding 30 days from the date of receipt of the application, unless additional time is necessary because of unusual circumstances. In granting approval upon conditions, the Board shall require such evidence and guarantee as it may deem to be necessary that the conditions designated are being and will be complied with.

(Ord. 2002-09. Passed 2-19-2002.)

   Following its final action on an application or appeal before it, the Board shall immediately notify in writing the persons notified of the public hearing, such other persons as the Board may decide, and also all members of Council.

(Ord. 2002-10. Passed 2-19-2002.)

   (a)   Any decision by the Board of Zoning Appeals shall be a final appealable order and the applicant may seek judicial review of such administrative action in any court of competent jurisdiction pursuant to general law.

   (b)   Any person affected and aggrieved by a decision of the City Planning Commission made pursuant to this Zoning Code may appeal such decision to Council within 20 days of the published decision of the City Planning Commission. Such appeal shall be in writing, shall set forth reasons for the appeal and be filed in triplicate with a filing fee of $25.00, with the Finance Director, who shall forward one copy to the secretary of the City Planning Commission and one copy to the Building Commissioner. A member of Council may appeal as a matter of general public interest, and in such case no filing fee shall be required. Council shall hear both sides of the issue in public and give its decision within a reasonable period of time.

   (c)   No appeal or action under R.C. Chapter 2506 et seq. or any other proceeding in Common Pleas Court shall be permitted regarding any claim under Part 12 or Part 14 of the Codified Ordinances until after timely presentation to the Board of Zoning Appeals.

(Ord. 2017-52. Passed 1-2-2018.)

   Any permit issued by the Building Commissioner pursuant to any decision or determination of the Board or Council shall have incorporated therein all special conditions of such permit prescribed by the last body to act on the matter.

(1982 Code, § 1105.09) (Ord. 56-53. Passed 10-1-1956.)

   Special permits and adjustments approved by the Board of Zoning Appeals shall be void after six months from the date of such approval unless, in the case of new construction, work shall have been done above the foundation walls, and in cases of occupancy of land or reconstruction or occupancy of buildings, the operation called for by such approval shall be well under way by the end of such six month period.

(1982 Code, § 1105.10) (Ord. 56-53. Passed 10-1-1956.)