(a) Purpose.
(1) The BZBA shall have the power to grant variances where, by reason of the unique physical circumstances or conditions of the applicant's property, including its narrowness, shallowness or irregularity in shape or size, its extraordinary topographical features, or the relationship of the property to adjacent uses or use districts, the literal application of this Code would unwarrantedly restrict the applicant's use of the property without serving any necessary purpose of the zoning regulations or achieving an associated benefit to the public health, safety and welfare.
(2) Related to variances for signs regulated by Chapter 1179 Sign Standards, the BZBA may grant variances from the height and area requirements of Sections 1179.06 Signs Permitted in Residential Zoning Districts and 1179.07 Signs Permitted in Nonresidential Zoning Districts where unique physical characteristics of, or character of land uses adjacent to, a property on which a sign is proposed to be located demonstrate that literal application of the requirements of said section will not further the purposes for which Chapter 1179 Sign Standards has been enacted, or will result in an undue hardship on the applicant and that the restriction on the applicant's use of the property is not justified by any corresponding benefit to public health, safety, or welfare. Additional limitations to the granting of variances to signs located in the Central Business District or CO College Overlay District are explained in Chapter 1179 Sign Standards.
(b) Initiation. Any person having authority to file applications may initiate an application for a variance pursuant to Subsection 1165.02(a) Authority to File Applications.
(c) Process.
(1) Step 1 - Application. The applicant shall submit an application in accordance with Section 1165.02
Common Review Requirements and with the provisions of this chapter.
(2) Step 2 - Review of Application by Zoning Commissioner.
A. Upon receipt of an application for a variance, the Zoning Commissioner shall review the application for completeness and prepare a staff report.
B. The Zoning Commissioner shall refer the complete application to the BZBA for review.
(3) Step 3 - Review and Decision by the BZBA.
A. After receiving the application from the Zoning Commissioner, the BZBA shall hold a public hearing to review the application provided adequate notification is provided pursuant to Subsection 1165.02(h) Public Notification for Public Hearings.
B. The BZBA shall approve the application, approve the application with conditions, or disapprove the application based on the provisions of this Code.
C. The BZBA shall decide all applications within 30 days after the final hearing.
D. A decision of the BZBA shall not become final until the expiration of five days from the date such decision is made, unless the BZBA finds that an immediate effective date is necessary for the preservation of property or personal rights, and shall so certify on the record.
(d) Review Criteria.
(1) Where an applicant seeks a variance, said applicant shall be required to supply evidence that demonstrates that the literal enforcement of this code will result in practical difficulty for an area/dimensional value, unnecessary hardship for a use variance, or satisfy the criteria for a sign variance.
(2) Area/Dimensional Variance.
A. The following factors shall be considered and weighed by the BZBA to determine practical difficulty:
1. 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 adjacency to nonconforming and inharmonious uses, structures, or conditions.
2. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.
3. Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures.
4. 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.
5. Whether the variance would adversely affect the delivery of governmental services such as water, sewer, and refuse pick-up.
6. Whether special conditions or circumstances exist as a result of actions of the owner.
7. Whether the property owner's predicament can feasibly be obviated through some method other than a variance.
8. Whether the spirit and intent behind the code requirements would be observed and substantial justice done by granting a variance.
9. 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.
10. No single factor listed above may control, and not all factors may be applicable in each case. Each case shall be determined on its own facts.
(3) Use Variance. In order to grant a use variance, the BZBA shall determine that strict compliance with the terms of this 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 zoning district;
C. The variance requested cannot otherwise be resolved by a Zoning Map amendment;
D. That there is an existing structure that cannot be reasonably used for a use permitted within the applicable zoning district;
E. The hardship condition is not created by actions of the applicant;
F. The granting of the variance will not adversely affect the rights of adjacent property owners or residents;
G. The granting of the variance will not adversely affect the public health, safety, or general welfare;
H. The variance will be consistent with the general spirit and intent of this Code; and
I. The variance sought is the minimum that will afford relief to the applicant.
A. The presence of unique physical circumstances or conditions that indicate that strict conformity with the provisions of this Code is not feasible, and that the authorization of a variance is necessary to permit the reasonable use of the property;
B. The variance will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue;
C. The extent the applicant requires the variance for the effective communication of the sign's message;
D. Harmony of the proposed sign's use or dimensions with the building or property on which it is to be located;
E. The degree to which the applicant's request departs from the height, setback, dimensional and use restrictions of Chapter 1179 Sign Standards;
F. Whether the variance would increase the risk that the vision of vehicular traffic would be obstructed; and
G. Whether granting a variance would be substantially detrimental to the district or adjacent properties in which the sign is to be located.
The Board may condition the allowance of a variance on such conditions as it deems necessary to assure fulfillment of the objectives of Chapter 1179 Sign Standards.
(e) Effect of a Variance.
(1) The issuance of a variance shall authorize only the particular variation that is approved in the variance.
(2) A variance, including any conditions, shall run with the land and shall not be affected by a change in ownership.
(f) Appeals of BZBA Decisions. The decisions of the BZBA may be reviewed by the applicable court of common pleas as provided in ORC Chapters 2505 and 2506.
(Ord. 7675. Passed 11-11-14.)