Wapakoneta City Zoning Code
CHAPTER 1254
Board of Zoning Appeals
1254.01 ESTABLISHMENT; MEMBERSHIP; COMPENSATION; TERMS; REMOVAL AND VACANCIES.
A Board of Zoning Appeals is hereby established.
(a) The Board shall consist of five members, to be appointed by the City Council.
(b) Members shall be residents of Wapakoneta, Ohio, and shall serve without compensation.
(c) Preferably one of the members shall be a member of the Planning Commission.
(d) The terms of all members shall be for three years and so arranged that the terms of at least one member shall expire on June 30 of each year. Each member shall serve until his or her successor is appointed and qualified.
(e) Members of the Board shall be removable for nonperformance of duty, misconduct in office, or other cause, by the City Council, upon written charges having been filed with the Council and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten days prior to the hearings, either personally or by registered mail, or by leaving the same at his or her usual place of residence. The member shall be given an opportunity to be heard and to answer such charges. Vacancies shall be filled by the City Council and shall be for the unexpired term.
(Ord. 2010-29. Passed 7-5-10.)
1254.02 ORGANIZATION; RULES; MEETINGS; QUORUM AND VOTING.
The Board of Zoning Appeals shall organize and adopt rules for its own government not inconsistent with law or with any ordinance of the City.
(a) Three members of the Board shall constitute a quorum. Meetings of the Board shall be held at the call of the Zoning Administrative Officer, the Secretary or the Chairperson, and at such other times as the Board may determine.
(b) The Chairperson, or in his or her absence, the Vice Chairperson, may administer oaths, and the Board may compel the attendance of witnesses.
(c) All meetings of the Board shall be open to the public.
(d) 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 in the office of the Clerk of Council and be a public record.
(e) At the first meeting of each year, a Chairperson and Vice Chairperson shall be elected from among the members. At said meeting, a Secretary shall be appointed from either within the Board or from outside the Board.
(f) The Board shall act by resolution, and the concurring vote of three members of the Board shall be necessary to reverse any order or determination of the Administrative Officer, or to decide in favor of an applicant in any matter of which the Board has original jurisdiction under this Zoning Code, or to grant any variance from the requirements of this Zoning Code. The presiding officer shall vote if necessary to provide the third voting member or to break a tie vote.
(Ord. 2010-29. Passed 7-5-10.)
1254.03 APPLICATION AND APPEALS.
(a) Applications. An application, in cases in which the Board of Zoning Appeals has original jurisdiction under the provisions of this Zoning Code, may be taken by any property owner, including a tenant, or by a governmental officer, department, board or bureau. Such application shall be filed with the Zoning Administrative Officer who shall transmit the same to the Board. A fee in an amount determined by ordinance of Council shall be paid to the Zoning Administrative Officer at the time the notice of appeal is filed, which the Officer shall forthwith pay over to the credit of the General Fund of the City of Wapakoneta. There shall be no refunds or credits regardless of the approval or disapproval of the application by the Board, nor if the proceedings are stopped by the applicant at any time after the application is filed with the Zoning Administrative Officer.
(b) Appeals.
(1) An appeal to the Board may be taken by any person aggrieved or by an officer of the City affected by any decision of the Zoning Administrative Officer. Such appeal shall be taken within 30 days after the decision by filing with the Zoning Administrative Officer and with the Board a notice of appeal specifying the grounds thereof. The Zoning Administrative Officer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(2) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrative Officer shall certify to the Board, 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 to the Board or by a court of equity after notice to the officer from whom the appeal is taken and on due cause shown.
(3) The Board may, in conformity with the provisions of this chapter or State law, reverse or affirm, wholly or partly, or modify, the order, requirement, 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 Administrative Officer from whom the appeal is taken.
(c) Fee. The fee to be collected by the City's Engineering Department for any application or appeal to be heard by the Board of Zoning Appeals is as established by City Council. Said fee shall be nonrefundable.
(d) Duration for Commencement and Completion. Upon approval of the Board of Zoning Appeals, the applicant(s) shall have six months to commence work on their project. In addition, the project must be completed and ready for final inspection by the City Engineering Department within six months of the approval date of the Board of Zoning Appeals. In the event that these time frames are not achieved, the Board of Zoning Appeal's action may be deemed void. Under special circumstances, the Board of Zoning Appeal may agree to give time extensions to these deadlines if deemed advisable.
(Ord. 2010-29. Passed 7-5-10.)
1254.04 HEARING.
(a) The Board of Zoning Appeals shall fix a reasonable time for the hearing of an appeal, give public notice thereof and at least ten days notice to parties in interest, and decide upon the appeal within a reasonable time after it is submitted. Each application or notice of appeal shall be accompanied by the fee referred to in Section 1254.03(c). At this hearing, any party may appear in person or by attorney.
(b) The hearings of the Board shall be public. However, the Board may go into executive session for discussion but not for vote on any case before it.
(c) 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. 2010-29. Passed 7-5-10.)
1254.05 DECISIONS.
(a) The Board of Zoning Appeals shall decide all applications and appeals within 30 days after the final hearing thereon.
(b) A certified copy of the Board's decision shall be transmitted to all parties in interest. Such decision shall be binding upon the Administrative Officer 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) A decision of the Board shall not become final until the expiration of five days from the date such decision is made, unless the Board shall find that the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.
(Ord. 2010-29. Passed 7-5-10.)
1254.06 SPECIAL EXCEPTIONS.
(a) The Board of Zoning Appeals shall have the power to hear and decide, in accordance with the provisions of this Zoning Code, applications, filed as hereinbefore provided, for special exceptions or interpretation of the Zoning Map, or for decisions upon other special questions on which the Board is authorized by this Zoning Code to pass. In considering an application for a special exception or interpretation of the Zoning Map, the Board shall give due regard to the nature and condition of all adjacent uses and structures, and in authorizing a special exception, the Board may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this Zoning Code, for the particular special exception, as the Board may deem necessary for the protection of adjacent properties and the public interest.
(b) In addition to permitting special exceptions hereinbefore specified, the Board shall have the power to permit the following special exceptions, subject to such conditions as it may deem necessary:
(1) Nonconforming uses.
A. The substitution of a nonconforming use for a nonconforming use existing at the time of enactment of this Zoning Code.
B. The extension or expansion of a nonconforming use or building upon the lot occupied by such building or onto an adjoining lot.
(2) Temporary structures and uses. The temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this Zoning Code for the district in which it is located, provided that such use is of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use shall be granted in the form of a temporary and revocable permit, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
(Ord. 2010-29. Passed 7-5-10.)
1254.07 INTERPRETATIONS OF THE ZONING MAP.
Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the Zoning Map, the Board of Zoning Appeals, after notice to the owners of the property and after a public hearing, shall interpret the Map in such a way as to carry out the intent and purpose of this Zoning Code. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the Zoning Map may be made to the Board and a determination shall be made by said Board.
(Ord. 2010-29. Passed 7-5-10.)
1254.08 ADMINISTRATIVE APPEAL AND VARIANCES.
(a) Administrative Appeal. The Board of Zoning Appeals shall have the power to hear and decide appeals, filed as hereinbefore provided, where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Zoning Administrative Officer in the interpretation of any of the provisions of this Zoning Code.
(b) Variances.
(1) The Board shall have the power to authorize, upon appeal in specific cases, filed as hereinbefore provided, such variances from the provisions or requirements of this Zoning Code 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 Zoning Code would cause undue and unnecessary hardship.
(2) Where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this Zoning Code, or by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this Zoning Code would involve practical difficulties or would cause undue hardship, unnecessary to carry out the spirit and purpose of this Zoning Code, the Board shall have power to authorize a variance from such strict application, so as to relieve such hardship, and so that the spirit and purpose of this Zoning Code shall be observed and substantial justice done. In authorizing a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of furthering the purposes of this Zoning Code and in the public interest. In authorizing a variance, with attached conditions, the Board shall require such evidence, guarantee or bond as it may deem necessary to ensure that the conditions attached are being and will be complied with.
(3) No such variance from the provisions or requirements of this Zoning Code shall be authorized by the Board unless the Board finds, beyond a reasonable doubt, that all of the following facts and conditions exist:
A. That there are exceptional or extraordinary circumstances or conditions applying to the property in question, or to the intended use of the property, that do not apply generally to other properties or classes of uses in the same zoning district.
B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity.
C. That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of this Zoning Code or the public interest.
D. No grant of a variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property, or the intended use of said property for which the variance is sought, one or the other or in combination, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such condition or situation.
(4) Every variance granted or denied by the Board of Zoning Appeals shall be accompanied by a written finding of fact, based on testimony and evidence and specifying the reason for granting or denying the variance.
(5) Any variance granted but not acted upon within one year shall be cancelled.
(6) Any party adversely affected by a decision of the Board may appeal to the County Court of Common Pleas on the grounds that such decision was unreasonable or unlawful. The Court may affirm, reverse, vacate or modify the decision complained of in the appeal.
(7) The Board of Zoning Appeals shall fix a reasonable time for the hearing of the variance, give ten days notice by first class mail to the parties in interest as well as to all property owners within 250 feet of the subject property.
(8) The Board of Zoning Appeals shall decide the variance within 30 days after the hearing. This time period may be extended for a period not to exceed 30 days if agreed to by the Board of Zoning Appeals and the applicant.
(Ord. 2010-29. Passed 7-5-10.)
1254.09 APPLICATION FOR ADMINISTRATIVE APPEAL OR VARIANCE.
An application for an administrative appeal or variance shall contain the following information:
(a) Name, address and telephone number of the applicant.
(b) A brief narrative description of the existing use of the property and the proposed use.
(c) Statement of location of the property (subdivision, township, range, section number, lot number).
(d) A statement indicating the zoning of the property.
(e) A brief narrative description of the proposed appeal or variance being requested, citing the section of the Zoning Code from which the appeal or variance is being requested.
(f) Where applicable, a site plan, drawn at an appropriate scale, showing the following:
(1) Location of the property, indicating all existing and proposed structures and lot lines.
(2) Locations of the nearest public rights-of-way, and location of all access points to the site, existing or proposed.
(3) Locations of any easements existing or proposed.
(4) Locations of any existing or proposed parking areas and driveways, showing intent to comply with all parking requirements specified by these regulations.
(g) Names and mailing addresses of owners of property within 250 feet of the subject property as recorded by the Auglaize County Auditor's Office.
(h) Such other information as may be required by the Board of Zoning Appeals to make an informed decision.
(Ord. 2010-29. Passed 7-5-10.)