(a) An application for a Area Variance or an Appeal shall include the following information:
(1) Three (3) copies and one digital pdf copy of an application form provided by the City that includes:
A. The name, address, phone number and email address of the applicant and property owner(s).
B. The address and parcel number of the property in question.
C. The Section of the Code from which the variance or appeal is being sought.
D. The existing zoning district in which this property is located.
(2) A copy of the denied zoning permit.
(3) If the applicant is not the owner of the property, a signed letter from the property owner shall be submitted authorizing the applicant to serve as his/her agent for the application.
(4) A legal description of the subject property.
(5) A plot plan drawn to an appropriate scale, as determined by the Zoning Inspector, showing at a minimum the following information:
A. The entire lot(s) subject to the application request.
B. All adjacent rights-of-way.
C. The location and height of all existing and proposed buildings and structures with a notation of the setbacks of each from all property lines and rights-of-way.
D. All parking lots, driveway or other vehicular use areas.
E. All existing and proposed signs.
F. Proposed landscaping.
G. Distances to any residential district if less than 1,000 feet from the lot(s).
H. The existing use of the lots on all adjacent lands.
I. Building elevations, if determined necessary by the Zoning Inspector to better understand potential impacts on adjacent properties.
(6) The names and addresses of all property owners within one hundred (100) feet of the subject property as appearing on the Pickaway County Auditor's current tax list.
(7) A narrative statement explaining the following:
A. A description of the existing and proposed uses
B. For an appeal:
i. The reasons the applicant believes he/she has been aggrieved by the Zoning Inspector's or other applicable reviewing authority's decision.
ii. The reasons why the appeal is justified.
C. For an area variance:
i. The nature and magnitude of the variance request.
ii. A response as to how the proposed variance satisfies each of the decision criteria listed in Section 1113.05(e).
(8) The applicable fee, as determined by separate Ordinance adopted and periodically updated from time to time by City Council.
(b) Public Hearing. The Board of Zoning Appeals shall hold a public hearing within sixty (60) days after the receipt of a completed application for a variance or appeal. The Board may recess such hearings from time to time, and if the time and place of the continued hearing is publicly announced at the time of adjournment, no further public notice shall be required. Any person with interest may appear and testify at the public hearing in person or by attorney.
(c) Notice of the public hearing shall be placed in one (1) or more newspapers of general circulation in the City at least ten (10) days before the day of said hearing. The notice shall set forth the date, time and place of the public hearing, and the nature of the proposed appeal or variance.
(d) At least ten (10) days before the public hearing, notices shall also be sent by first class mail to all parties of interest. Parties of interest shall include at a minimum, owners of property within 100 feet from, contiguous to, and directly across the street from the property being considered. The notice shall contain the same information as required for the notice published in the newspaper as specified in Section 1113.05(c). Failure of delivery of such notice shall not invalidate the findings of the Board Burden of Proof.
The burden of proof is on the applicant to present reliable, probative, and substantial testimony and evidence that supports the request for a variance.
(e) Criteria. Variances shall be granted for an area variance only upon a determination that a practical difficulty exists with respect to the property in question that would render the strict application of this Ordinance unreasonable. This determination shall be made without regard to the existence of variances and nonconformities on other land, sites, or structures not presently under consideration. The Board of Zoning Appeals shall consider and weigh the following factors to determine if a practical difficulty exists:
(1) Whether special conditions or circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the district.
(2) Whether the property in question will yield a reasonable return or whether there is any beneficial use of the property without the variance.
(3) Whether the variance is substantial and is the minimum necessary to make possible a reasonable use of the land or structures.
(4) Whether the essential character of the neighborhood would be substantially altered or whether adjoining property would suffer substantial detriment as a result of the variance.
(5) Whether the variance would adversely affect the delivery of governmental services.
(6) Whether the property owner purchased the property with knowledge of the zoning restrictions.
(7) Whether special conditions or circumstances exist as the result of actions of the owner.
(8) Whether the property owner's predicament feasibly can be obviated through some method other than a variance.
(9) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance.
(10) 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 zoning district.
(11) Whether the literal interpretation of the provisions of this Ordinance would deprive he applicant of rights commonly enjoyed by other properties in the same district under the terms of this Code.
These practical difficulty standards do not apply to Use Variances. Use Variances are discouraged. A change in use must follow the zoning amendment process. If a Use Variance is requested, the applicant shall demonstrate that a Unnecessary Hardship applies to the property.
(f) Within thirty (30) days of the conclusion of the public hearing, the Board of Zoning Appeals shall either: approve, approve with supplementary conditions, or disapprove the request for appeal or variance. The Board of Zoning Appeals must provide consideration of the requirements listed in Section 1113.05(e) when making its decision. Its decision shall be accompanied by written findings of fact specifying the reasons for the decision reached. If the application is approved or approved with supplementary conditions, the Board of Zoning Appeals shall make a finding that the reasons set forth in the application justifying the granting of the variance that will make possible a reasonable use of the land, building, or structure.
(g) The Board of Zoning Appeals may prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the Variance applies will be met. Any violation of such conditions and safeguards, when they have been made a part of the terms under which the Variance has been granted, shall be deemed a punishable violation under this Zoning Code.
(h) If the request for Appeal or Variance is denied, the reasons for such denial shall be noted in writing. The Board of Zoning Appeals shall transmit a written copy of its decision and findings to the Zoning Inspector, who shall forward such copy to the applicant by first class mail. If the request for the appeal or variance is denied, the applicant may seek relief through the Court of Common Pleas. Upon approval of the variance by the Board, the Zoning Inspector shall issue to the applicant a Zoning Permit which states all terms of the variance as granted including any conditions imposed by the Board of Zoning Appeals.
(i) Reapplication. No application for a variance that is substantially similar to an application that has been disapproved or granted, wholly or in part, shall be submitted for one year after the decision of the Board of Zoning Appeals. The Zoning Inspector shall consider factors such as the nature or size of a proposal, changes in the development of traffic pattern in the area, or newly discovered evidence pertinent to a decision on a previous application.
(Ord. 02-13-2023. Passed 2-21-23.)