The Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of this Zoning Code as will not be contrary to the public interest according to the following procedures:
(a) Application Requirements. An application for a variance shall be filed with the Planning and Zoning Administrator for review by the Board of Zoning Appeals upon the forms provided, and shall be accompanied by the submission requirements noted in (b) below.
(b) An application for a variance shall be filed with the Planning and Zoning Administrator for review by the Board of Zoning Appeals upon the forms provided, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested variance:
(1) Name, address, and phone number of applicant(s);
(2) Proof of ownership, legal interest, or written authority;
(3) Legal description of property or portion thereof;
(4) Identification of the zoning district in which the property is located.
(5) Description or nature of variance requested;
A. Narrative statements establishing and substantiating the justification for the variance pursuant to the applicable criteria in sub-section 1250.17 (d);
B. A plan, neatly and legibly drawn to adequately depict the information showing the following, where applicable:
1. The street providing access to the lot and the exact location of the lot in relation to the nearest cross street.
2. The name of the subject plan, if any, and the lot numbers of the subject and abutting properties.
3. The actual dimensions of the lot, the setbacks and other open space dimensions thereof and the location and size of any existing structure thereon.
4. The location and size of the proposed structure, and/or the proposed enlargement and existing structure.
5. The location and size of the parking area and the circulation layout.
6. The proposed landscaping, signs, and any other uses on the property.
7. An elevation drawing for any proposed new structures or major additions.
8. Any other information, including but not limited to floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance, which, in the judgment of the Planning and Zoning Administrator, may be necessary to provide for the enforcement of this Code.
C. Payment of the application fee;
D. A list of all property owners lying within 500 feet of any part of the property on which the variance is proposed, including their addresses and permanent parcel numbers and lot numbers;
E. Any other documents deemed necessary by the Planning and Zoning Administrator.
(c) Review for Completeness. Within thirty (30) days after receiving an application for variance, the Planning and Zoning Administrator shall review the submitted application for completeness and compliance with the applicable submission requirements. If the application is deemed insufficient, the Planning and Zoning Administrator shall notify the applicant of the necessary changes or additional information needed. When the application is deemed complete and the application fee has been paid, the Planning and Zoning Administrator shall officially accept the application for consideration of the action(s) requested on the date such determination is made and place it on the Board of Zoning Appeals' agenda.
(d) Review by the Board. According to the procedures established for appeals in Sections 1250.07 and 1250.13, the Board shall hold a public hearing and give notice of the same. The Board shall review each application for a variance to determine if it complies with the purpose and intent of this Zoning Code and evidence demonstrates that the literal enforcement of this Zoning Code will result in practical difficulty or unnecessary hardship.
(1) Area Variance. The following factors shall be considered and weighed by the Board to determine practical difficulty:
A. Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district. Examples of such special conditions or circumstances are exceptional irregularity; narrowness, shallowness or steepness of the lot; or proximity to non-conforming and inharmonious uses, structures or conditions.
B. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
C. Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
D. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
E. Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup;
F. Whether the property owner purchased the property with knowledge of the zoning restrictions;
G. Whether special conditions or circumstances exist as a result of actions of the owner;
H. Whether the property owner's predicament feasibly can be achieved through some method other than a variance;
I. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance;
J. Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district; and
K. Whether a literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code.
(2) Use Variance. In order to grant a use variance, the Board of Zoning Appeals shall determine that strict compliance with the terms of this Zoning Code will result in unnecessary hardship to the applicant. The applicant must demonstrate such hardship by clear and convincing evidence that all of the following criteria are satisfied:
A. The property cannot be put to any economically viable use under any of the permitted uses in the zoning district in which the property is located;
B. The variance requested stems from a condition which is unique to the property at issue and not ordinarily found in the same zone or district;
C. The hardship condition is not created by actions of the applicant;
D. The granting of the variance will not adversely affect the rights of adjacent property owners or residents;
E. The granting of the variance will not adversely affect the public health, safety or general welfare;
F. The variance will be consistent with the general spirit and intent of the Planning and Zoning Code; and
G. The variance sought is the minimum that will afford relief to the applicant.
(e) Requests for Additional Information. The Board of Zoning Appeals may request that the applicant supply additional information that the Board deems necessary to review and evaluate the request for a variance.
(f) Additional Conditions and Safeguards. The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulation(s) or provision(s) to which the variance applies will be met.
(g) Action by the Board. The Board shall act according to the procedures established for appeals in Section 1250.13.
(1) The Board shall either:
A. Approve,
B. Approve with conditions, or
C. Disapprove the request for appeal, variance, or exception.
(2) Any interested party to an appeals or an application for a variance may make written request that the Board issue findings and conclusions of fact in support of any final decision entered by the Board. Any request for findings and conclusions of fact must be made in writing within ten calendar days of the Board's decision as approved in the meeting minutes. The Board shall issue such findings and conclusions. Nothing herein shall extend the time for the filing of an appeal pursuant to Chapter 2506 of the Ohio Revised Code.
(3) The Board shall have the power, in specific cases, to vary the application of certain provisions of this Code in order that the public health, safety, morals and general welfare may be safeguarded and substantial justice done.
(h) Term and Extension of Variance. Variances shall expire one year from the date of their enactment, unless prior thereto, the applicant commences actual construction in accordance with the granted variance or an extension of time has been granted by the Board of Zoning Appeals. There shall be no modification of variances except by further consideration of the Board. Once the time limit pursuant to this Section has expired, a request for a variance shall be considered to be a new application for a variance and shall meet all requirements for application and review pursuant to this Section.
(Ord. 8-13. Passed 5-14-13.)