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(a) Board Hearings. The Board of Zoning Appeals shall hear and decide appeals pursuant to the Ohio Revised Code, and shall have the following powers:
(1) Approve special uses. The Board of Zoning Appeals shall have original jurisdiction and power, after advisory report from the Planning Commission, to grant a building permit for a special exception use which shall be so enumerated, on a particular site in the zone where enumerated without a finding of practical difficulty or undue hardship, but subject to the criteria and safeguards set forth in Section 1153.08 to the extent applicable and in the manner provided by law and to such other conditions and safeguards which may be imposed by the Board of Zoning Appeals to secure the general objective of the Zoning Ordinance and to protect adjoining properties.
(2) Grant variances. The Board of Zoning Appeals shall have the power to grant variances pursuant to the Ohio Revised Code. Every variance granted by the Board shall be based upon and accompanied by a specific finding or findings, supported by evidence produced at a public hearing, to the effect that:
A. There are special circumstances or conditions, fully described in the findings, applying to the land or buildings, that do not apply generally to land or buildings in the neighborhood.
B. The circumstances or conditions are such that the strict application of the provisions of the Zoning Ordinance would deprive the applicant of the reasonable use of the land or building.
C. For reasons set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the Board is the minimum variance that will accomplish this purpose.
(3) Variances subject to safeguards. Every variance granted by the Board of Zoning Appeals shall, in appropriate cases, be made subject to such conditions and safeguards as the Board shall deem to be applicable to the particular case.
All conditions and safeguards shall be designed by the Board of Zoning Appeals to protect the public health, safety, convenience, comfort, prosperity and general welfare, and shall be further designed to provide reasonable consideration for the protection of the surrounding neighborhood.
(4) Authorize temporary use. To grant after due notice and hearing, the temporary occupancy and use of a structure in any district for a purpose that does not conform with the district requirements; provided that such occupancy and use is truly of a temporary nature and subject to any reasonable conditions and safeguards, which the Board of Zoning Appeals may impose to minimize any injurious effect upon the neighborhood or to protect contiguous property. The approval by the Board of Zoning Appeals and any permit based thereon, for such temporary occupancy and use, shall not be granted for a period of more than three months, and shall not be renewable more than once in any period of less than twelve months.
(Ord. 58(72-73). Passed 11-21-73.)