Village of Boston Heights OH, Planning and Zoning Code
CHAPTER 1145
Board of Zoning Appeals
CROSS REFERENCES
Appeals from zoning decisions - see Ohio R.C. 713.11
Extending a nonconforming use - see P. & Z. 1173.04
Construction requiring authorization - see BLDG. 1373.12
1145.01 MEMBERS; TERMS.
There is hereby created a Board of Zoning Appeals. The words "the Board" where used herein shall refer to such Board. The Board shall consist of four members who shall be appointed by the Mayor, with the consent of Council, for terms of four years. However, when the first Board is appointed, one member shall be appointed for one year, one for two years, one for three years and one for four years. In the event of absence from the Municipality or incapacity of a member, the Mayor may appoint a substitute who may serve as a member of the Board with the same power and authority as a regular member until such member has returned or has become capacitated for service. Each member of the Board shall serve until his successor has been appointed.
(Ord. 87-1951. Passed 7-10-51.)
1145.02 ORGANIZATION AND MEETINGS.
The Board shall organize and adopt such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Ordinance. Meetings of the Board shall be held at such times as may be necessary. All meetings of the Board shall be public. The presence of three members shall be necessary for a quorum. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question. If a member is absent or fails to vote, the minutes shall indicate such fact. Final disposition of any appeal shall be in the form of a resolution.
(Ord. 87-1951. Passed 7-10-51.)
1145.03 APPEAL PROCEDURE.
Appeals to the Board may be taken by any person aggrieved or by an officer of the Municipality affected by any decision of the administrative officer, who shall be known as the Zoning Inspector. Such appeals to the Board shall be taken within twenty days after the decision of the Zoning Inspector by filing with the Inspector from whom the appeal is taken and with the Board, a notice of the appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board of Zoning Appeals all papers constituting the records on which the action appealed from was taken. The Board shall fix a reasonable time for hearing of the appeals, given ten days notice to the parties in interest, and decide the same within a reasonable time which shall not exceed ten days after the hearing, unless additional time is necessary because of unusual circumstances. Upon hearing, any party may appeal in person or by attorney.
(Ord. 87-1951. Passed 7-10-51.)
1145.04 POWERS AND DUTIES.
The Board of Zoning Appeals shall have the following powers and duties:
(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this Zoning Ordinance or any amendment or supplement adopted pursuant thereto.
(b) To authorize, upon appeal, such variation from the terms of the Zoning Ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this Zoning Ordinance will result in unnecessary hardship, and so that the spirit of the Zoning Ordinance shall be observed and substantial justice done.
(c) To interpret the provisions of this Zoning Ordinance in such a way as to carry out the intent and purpose of the plan, as shown on the maps fixing the several districts accompanying and made a part of this Zoning Ordinance where the street layout actually on the ground varies from the street layout as shown on the map mentioned above.
(d) To authorize the extension of a nonconforming use or building or the creation of additional buildings upon the lot occupied by such nonconforming use or building at the time of the passage of this Zoning Ordinance (July 10, 1951), where such enlargement or expansion of such use or building will not be detrimental to, or tend to alter the character of the neighborhood.
(e) To permit the construction of a building or portion of a building beyond the building line, subject to such conditions or limitations as the Board may deem reasonable and necessary, provided the public health, safety, convenience or general welfare will not thereby be injuriously affected or the appropriate use or development of neighboring property seriously injured.
(f) To permit the extension of a building or use into a more restricted district, but not more than twenty-five feet beyond the boundary line of the district in which such use is authorized, where a use district boundary line divides a lot in a single ownership at the time of the passage of this Zoning Ordinance (July 10, 1951).
1145.05 FEES.
All applications to the Board of Zoning Appeals shall be accompanied by a non-refundable
deposit of one hundred dollars ($100.00).
(Ord. 17-2001. Passed 11-14-01.)