Wauseon City Zoning Code
CHAPTER 1113
Board of Zoning Appeals
1113.01 MEMBERS, TERMS, POWERS.
Members, terms and powers of the Board of Zoning Appeals shall be as established under Section 7.03
of the Wauseon City Charter.
(Ord. 1989-81. Passed 1-2-90.)
1113.02 DUTIES.
The Board shall adopt rules and regulations not inconsistent with this Zoning Code, that may be necessary to carry into effect the duties, powers and responsibilities conferred herein. The powers, duties and responsibilities of the Board shall be:
(a) To hear appeals and decide any issue involving the application of impartial consideration and judgments in regard to decisions made by the Administrator or any other administrative officer or board on matters relating to this Zoning Code, for relief from any order, requirement, decision or determination, including the refusal, granting or renovation of permits.
(b) To hear and decide upon applications for variances as provided in this Zoning Code.
(c) To hear and decide all matters specifically referred to it for decisions by ordinance or resolution.
(Ord. 1989-81. Passed 1-2-90.)
1113.03 PROCEDURES OF APPEAL.
(a) An appeal from any decision of the Administrator or other officers with regard to an application for a permit, variance, issuance of a stop order, specific referral or some similar action, may be made to the Board by any person believing himself aggrieved by any such decision.
(b) Such appeal shall be in writing and shall be filed with the Administrator within twenty days after the date of such decision. The written appeal shall specify the decision appealed from and the error alleged.
(Ord. 1989-81. Passed 1-2-90.)
1113.04 MEETINGS AND HEARINGS.
(a) The Board may schedule regular meetings and special meetings may be called by the Chairman or any two Board members. The Board shall establish rules for the giving of notices and the conduct of its meetings and hearings. The Board may reverse or affirm, wholly or in part, or modify any orders of the Administrator and shall have all of the powers of the office from whose decision the appeal was taken.
(b) The Board 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.
(c) Any appeal may also be considered by the Board as a request for a variance.
(Ord. 1989-81. Passed 1-2-90.)
1113.05 QUORUM AND VOTE.
A quorum shall consist of three members of the Board. However, no action of the Board may be taken unless concurred in by a majority of its members.
(Ord. 1989-81. Passed 1-2-90.)
1113.06 APPEAL TO COURT.
A person aggrieved by a decision of the Board may appeal to the courts in accordance with the procedures established by the Ohio Revised Code.
(Ord. 1989-81. Passed 1-2-90.)
1113.07 REASONS FOR GRANTING VARIANCES.
(a) Where the literal application of the provisions of this Zoning Code would result in unnecessary hardship peculiar to the property involved.
(b) Where other exceptional circumstances or geographical or geological conditions, or type of adjoining development, are only applicable to property involved or to the intended use of the property and do not apply to other property with the same zoning unless the same exceptional circumstances prevail.
(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.
(d) That the granting of a variance will not be contrary to the general purposes, intent and objectives of this Zoning Code. When applying for a variance or modification, the applicant shall substantiate and state his claim that each of four (4) conditions as they apply to each specific case are met as a prerequisite for the granting of a variance or modification.
(e) In granting a variance, the Board may stipulate the manner in which the variance or exception shall be carried out, or may require other improvements and safeguards for the protection of the health, safety and welfare of owners and occupants of surrounding lots or the public.
(Ord. 1989-81. Passed 1-2-90.)