(a) Authority and Intent.
(1) The Board of Zoning Appeals may authorize upon appeal in specific cases such variances from the terms of the Zoning Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the Zoning Ordinance would result in unnecessary hardship. No nonconforming use of neighboring lands, structures, or buildings in the same district or permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance.
(2) It is not intended that variances be granted merely to remove inconveniences or financial burdens that the requirements of this Zoning Ordinance may impose of property owners in general. Variances are intended to address extraordinary, exceptional, or unique situations that were not caused by the applicant's act or omission.
(b) Initiation. Pursuant to Section 1153.03 "Authority to File Applications," any person having authority to file applications may initiate an application for a variance.
(c) Application. A variance from the terms of the 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 Board of Zoning Appeals through the Zoning Administrator. The application shall contain the following information as a minimum:
(1) Name, address, and phone number of applicant;
(2) Legal description of property and a survey of the property in question by a person licensed in the State of Ohio to perform land surveys as may be required by the Zoning Administrator;
(3) Description of nature of variance requested;
(4) A narrative statement demonstrating that the requested variance conforms to the factors set forth in Subsection 1163.02(d) "Factors to be Considered for Variances," items (1) through (9);
(5) The signature of the owner or applicant attesting to the truth and exactness of all information supplied by the application; and
(d) Factors to be Considered for Variances. The following factors shall be considered and weighed by the Board of Zoning Appeals to determine practical difficulty:
(1) Exceptional Circumstances. Whether special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same 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. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of this Zoning Ordinance and that authorization of a variance is, therefore, necessary to enable the reasonable use of the property.
(2) Preservation of Property Rights. That a literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of the Zoning Ordinance and that the granting of such variance will not be injurious to persons working or residing in the neighborhood.
(3) Not Due to Applicant Actions. That special conditions and circumstances do not result from the actions of the applicant and not solely based on showing that the property could be put to better economic use than presently permitted by zoning regulations. Such theoretical loss or limited possibilities of economic advantage shall not be considered real hardships.
(4) Not Confer Special Privilege. That granting the variance requested will not confer on the applicant any special privilege that is denied by the Zoning Ordinance, to other land, structures, or buildings in the same district.
(5) Absence of Detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not be contrary to the public interest (health, safety) or the intent and purpose of this Zoning Ordinance and other adopted plans.
(6) No Change in Use. That such variance may not be construed to mean a change of use but shall mean only a variation or modification from the strict provisions of this Zoning Ordinance.
(7) Not of General Nature. That the condition or situation of the subject property, or the intended use of the property, for which variance is sought, is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulations for such conditions or situation.
(8) Minimum Modification. That such variance, if granted, is the minimum modification that will make possible the reasonable use of the land, building or structure.
(9) That in no instance shall a variance be considered for the following reasons:
A. Presence of nonconformities in the zoning district.
B. Previous variances granted in the zoning district.
C. Uses in adjoining zoning districts.
D. The applicant's belief that the intended use would be permitted upon his or her purchase of the land.
E. Hardship being demonstrated beyond the context of zoning e.g., economics.
(e) Variations to Nonconforming Uses and Buildings.
(1) The Board of Zoning Appeals shall have no powers to authorize through a variance, the establishment of a nonconforming use of land or buildings.
(2) The substitution of a nonconforming use existing at the time of enactment of this Zoning Ordinance for another nonconforming use shall be allowed provided no structural alterations are made except those required by law or ordinance. See Chapter 1165 "Nonconforming Uses."
(3) The Board shall adhere to all regulations contained in Chapter 1165 "Nonconforming Uses," in acting upon all nonconforming uses and modifications thereto.
(f) Conditions Imposed by the Board. The Board of Zoning Appeals shall have the power to impose additional conditions and safeguards other than those stated in the Zoning Ordinance when granting variances. Such additional conditions shall be reasonable and necessary to promote and preserve the public safety, general welfare and economic viability of the neighborhood and community and shall be imposed solely for the purpose of minimizing the effect of the variance on surrounding property and the community as a whole. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Ordinance and punishable under Section 1167.99 "Penalty."
(g) Lapses of Variances.
(1) A variance, once granted, shall not be withdrawn or changed unless there is a change of circumstances, or if, after the expiration of twelve (12) months, no construction has taken place in accordance with the terms and conditions for which such variance was granted. The Zoning Administrator shall give a notice in writing, and thirty (30) days thereafter the variance shall be deemed null and void and all regulations governing such premises in question shall revert to those in effect before the variance was granted.
(2) However, a variance may be renewed annually by the original applicant or any successor in interest including a conveyee if prior to the expiration of the thirty (30) day notice, he/she notifies the Board of Zoning Appeals in writing of his/her intention to continue the terms of the variance. There shall be no limitation on the number of annual renewals. The Zoning Administrator shall continue the notification procedure annually.
(Ord. 30-22. Passed 12-12-22.)