(a) Membership. The Board of Zoning Appeals shall consist of five (5) members, appointed by Council, who are residents of the incorporated area of the Village. No more than two (2) members of the Board of Zoning Appeals shall be members of the Planning Commission.
(b) Powers of the Board in Granting Variances. The Board of Zoning Appeals may authorize a variance from strict application of these regulations, upon appeal, by reasons of exceptional lot narrowness, shallowness, shape, topographic conditions, or other extraordinary situation in order to relieve undue hardship. The variance shall not substantially impair the public good, nor shall it impair the intent of these regulations. No variance shall be granted unless the Board finds that all of the following conditions exist:
(1) The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property, and do not generally apply to other land or buildings in the vicinity.
(2) The granting of the application must be necessary to relieve hardship and preserve the applicant's right to the reasonable and legitimate use of his property; the request shall not be granted merely for the convenience of the applicant.
(3) The extent or magnitude of the requested variance must be the minimum necessary for the preservation of the applicant's right to the reasonable and legitimate use of his property.
(4) The requested variance shall not constitute a change in land use resulting in the establishment of a use not normally permitted in the applicable zoning district.
(5) The special conditions or circumstances which form a basis for the variance application shall not result from the actions of the applicant himself.
(c) Public Hearing for a Variance Application. Before a variance is granted by the Board of Zoning Appeals, a public hearing shall be held, notice of which shall be given in a newspaper of general circulation within the Village at least ten (10) days before the date of the hearing. The notice shall specify the time, date, and place of the hearing, and shall give a general description of the nature of the variance requested. The regulations of the Ohio Revised Code, Section 2506 shall apply.
(1) The purpose of a Conditional Use Permit is to allow a proper integration of uses into the Village which may only be suitable in specific locations within certain zoning district(s) or only if such uses are designed or laid out in a particular manner on the site.
(2) In considering an application for a Conditional Use Permit, the Board of Appeals must make an affirmative finding that the proposed Conditional Use is to be located in a district wherein such use may be conditionally permitted, and that all conditions for approval of Conditional Uses have been met. The Board of Appeals shall also give due regard to the potential impact of the proposed use on surrounding properties in order to insure compatibility of uses. To this end, the Board of Appeals may apply such other restrictions as it deems necessary.
(3) No public hearing need be held by the Board of Appeals in considering an application for a Conditional Use Permit, except when the Board of Appeals deems such public hearing to be necessary in the public interest. Notice shall be given not less than ten (10) days prior to the date of public hearing, by publishing a summary of the Conditional Use Permit Application in a newspaper of general circulation within the Village. Notice may also be given by such other means as the Board of Appeals deems appropriate. Failure of any person, other than the applicant, to receive notice of any hearing or public hearing shall in no way affect the validity of action taken.
(e) Administrative Appeals. The Board of Appeals shall hear and decide appeals where it is alleged there is error in any interpretation, judgement, decision or determination made by the Zoning Enforcement Officer in the administration and enforcement of the provisions of these regulations. The regulations of the Ohio Revised Code, Section 2506 shall apply.
(Ord. 1986-2. Passed 2-24-86.)