(a) Continuation of Existing Board. The Board of Appeals heretofore established shall be continued as the Campbell Board of Appeals, and the members heretofore appointed continued in office for the remainder of their unexpired terms. Future appointments shall be made in accordance with provisions of the Ohio Revised Code.
(b) Powers and Duties. The Board of Appeals shall have all powers and duties prescribed by the Ohio Revised Code and by the Zoning Ordinance which powers and duties are summarized and more particularly specified as follows, provided that none of the following provisions shall be deemed to limit any power of the Board of Appeals that is conferred by general law. In exercising such powers, the Board of Appeals may, in conformity with the provisions of the Zoning Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as in its opinion ought to be made.
(1) Interpretation. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the Zoning Ordinance or of any ordinance adopted pursuant thereto.
(2) Special exceptions. To hear and decide special exceptions to the terms of the Zoning Ordinance upon which such Board is required to pass under the Zoning Ordinance. With respect to all such uses, the standards contained below and elsewhere in the Zoning Ordinance, shall govern the Board of Appeals in its consideration of applications.
A. The use shall be of such location, size and character that, in a general way, it will be in harmony with the appropriate and orderly development of the district in which it is situated and not be detrimental to the orderly development of adjacent districts.
B. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, its size, its pleasant layout, and its relation to streets giving access to it shall be such that both pedestrian and vehicular traffic to and from the use and the assembly of persons in connection with it will not be hazardous to the predominant residential or other prevailing character of the neighborhood; be incongruous therewith, or conflict with the normal traffic of the neighborhood, taking into account, among other things, convenient routes of pedestrian traffic, particularly children, relation to main traffic thoroughfares and to streets and road intersections and the general character and intensity of development of the neighborhood.
C. The location and heights of buildings, the location, nature and height of walls and fences and the nature and extent of landscaping on the site shall be such that the use will not impair or discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.
D. Board may establish conditions: In acting on any application for a special exception, as provided therein, the Board of Appeals may impose any conditions that it deems necessary to accomplish the reasonable application of the foregoing standards and may deny any such application, but only in accordance with the foregoing standards or the requirements for a particular use as stated in the Zoning Ordinance.
(3) Variance. To authorize upon appeal in specific cases such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the Zoning Ordinance will result in unnecessary hardship, and so that the spirit of the Zoning Ordinance shall be observed and substantial justice done. All use variances granted by the Board of Appeals must be within the existing zone district of the property of the applicant to be affected by such variance. No use variance shall be granted that will usurp the powers of the Zoning Commission or the legislative authority of Council. In granting any variance, the Board shall prescribe any condition applying thereto that it may deem to be necessary or desirable. No variance in the strict application of any provisions of the Zoning Ordinance shall be granted by the Board of Appeals unless it finds:
A. That there are special circumstances or conditions fully described in the findings of the Board, applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood and have not resulted from any act of the applicant subsequent to the adoption of the Zoning Ordinance, whether in violation of the provisions hereof or not.
B. That for reasons set forth in the findings of the Board, the aforesaid 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 such land or building and 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.
C. That the granting of the variance will be in harmony with the general purpose and intent of the Zoning Ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(c) Appeals and Application.
(1) Procedure. Appeals to the Board of Appeals may be taken by a person aggrieved or by any City officer affected by a decision of the Zoning Administrator. Such appeal shall be taken within a reasonable time as provided by the rules of the Board, by filing with the officer from whom the appeal is taken and with the Board of Appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. Applications for special exceptions are not appeals and shall be made directly to the Board on receipt of notice to this effect from the Zoning Administrator.
(2) Applications. All appeals and applications made to the Board of Appeals shall be in writing, on forms prescribed by the Board and approved by Council and each appeal or application shall fully set forth the circumstance of the case. Every appeal or application shall refer to the specific provision of the Zoning Ordinance involved and shall exactly set forth, as the case may be the interpretation that is claimed, the use for which the exception is sought, or the details of the variance that is applied for, and the ground on which it is claimed that the same should be granted. Appeals and applications for the special exceptions shall be accompanied by a fee equal to the cost of the required public notice and on forms appended to the Zoning Ordinance.
(3) Notification to Planning Commission. At least ten days before the date of the hearing required by law on an application or appeal, to the Board of Appeals, the secretary of said Board shall transmit to the secretary of the Planning Commission a copy of said application or appeal, together with a copy of the notice of the aforesaid hearing, and the Planning Commission may submit to the Board of Appeals an advisory opinion on said application or appeal.
(4) Decisions. Every decision of the Board of Appeals shall be recorded in accordance with standard forms adopted by the Board and appended to the Zoning Ordinance which shall fully set forth the circumstances of the case and the findings on which the decision is based. Every decision of the Board shall be by resolution and each such resolution, together with any maps or plans or specifications relating thereto, shall be filed in the City offices by case number under one or another of the following headings:
Interpretations - Special permits - Variance - together with all documents pertaining thereto.
(5) Notification of Zoning Administrator. The Board of Appeals shall notify the Zoning Administrator of its decision in each case. The Board of Appeals shall make annual reports to Council.
(Ord. 68-5938. Passed 1-3-68.)