1153.05 APPLICATION FOR VARIANCE.

   A variance from the terms of this Zoning Ordinance shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Zoning Inspector. The application shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied on the application. At a minimum, the application shall contain the following information:

   (a)   Name, address and telephone number of applicant;

    (b)   A survey by a person licensed in the State of Ohio to perform land surveys (If deemed appropriate, this requirement may be waived by the Zoning Inspector);

   (c)   Description of the nature of the variance requested;

    (d)   A statement demonstrating that the requested variance conforms to the standards set forth in Section 1153.04(a) to (e); and

   (e)   A fee as established by Council.

      (Ord. 26-99-0. Passed 8-23-99.)

1153.06 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.

   In granting any appeal or variance the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violation of such conditions and safeguards when made a part of the terms under which the appeal or variance is granted shall be deemed a violation of this Zoning Ordinance and punishable under Chapter 1199. Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this Zoning Ordinance in the district involved, or any use prohibited by the terms of this Zoning Ordinance in such district.

(Ord. 26-99-0. Passed 8-23-99.)

1153.07 ENVIRONMENTAL PERFORMANCE STANDARDS.

   The Board of Zoning Appeals shall have the following responsibilities with Environmental Performance Standards:

   (a)   The Board of Zoning Appeals shall have the power to authorize issuance of a Zoning Certificate for uses that are subject to Environmental Performance Standards as set forth in Section 1180.14.

   (b)   The application for a Zoning Certificate for a use subject to Environmental Performance Standards shall be accompanied by a plan of the proposed construction or development; a description of the proposed machinery, processes and products; and specifications for the mechanisms and techniques to be used in meeting the Environmental Performance Standards.

   (c)   The Board may refer the application to one or more expert consultants qualified to advise as to whether a proposed use will conform to the Environmental Performance Standards. The costs of such services shall be borne by the applicant, and a copy of any response shall be furnished the applicant.

   (d)   The Board of Zoning Appeals shall hear complaints, not resolved by the Zoning Inspector, on uses or facilities that meet the requirements of Section 1180.14.

      (Ord. 26-99-0. Passed 8-23-99.)

1153.08 INTERPRETATION OF DISTRICT MAP.

   (a)   On an appeal. from the decision of the Zoning Inspector where the street or lot layout as constructed, or as recorded, differs from the street and lot lines as shown on the Zoning Map, the Board of Zoning Appeals, after notice to the owners of the property and after public hearing, shall interpret the Map in such a way as to carry out the intent and purpose of the Zoning Ordinance.

   (b)   In the case of any appeal or questions as to the location of any boundary line between zoning districts regarding a decision by the Zoning Inspector, a request for interpretation of the Zoning Map may be made to the Board, and a determination shall be made by the Board.
(Ord. 26-99-0. Passed 8-23-99.)