(a) Membership. The Board of Zoning Appeals, hereinafter call the Board, shall consist of three (3) to five (5) members who are residents of the incorporated area of the Village of Forest appointed by the Mayor and approved by the Village Council.
(b) Jurisdiction. The Board shall have the following powers.
(1) Administrative appeals. To hear and decide appeals where it is alleged there is error in any interpretation, judgment, decision, or determination made by the Zoning Enforcement Officer in the administration and enforcement of the provisions of this Zoning Ordinance.
(2) Variances. To authorize a variance from strict application of the provisions of this Zoning Ordinance upon appeal by reasons of exceptional narrowness, shallowness, shape, topographic conditions, or other extraordinary situation in order to relieve undue hardship provided the variances can be granted without substantial detriment to the public good and do not substantially impair the intent of this Ordinance. No variance shall be granted unless the Board finds that all of the following conditions exist:
A. The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property, and do not result from the actions of the applicant and do not apply generally to other land or buildings in the vicinity.
B. The granting of the application is necessary for the preservation and enjoyment of the substantial property right and not merely to serve as a convenience of the applicant.
C. The proposed variance shall not constitute a change including a variation in use, on the Official Zoning District Map. In no case shall the Board approve a variance for a use which is not a permitted use in the zoning district in which the property, building or structure is located.
(3) Conditional uses:
A. The Board shall hear and decide upon, in accordance with the provisions of this Zoning Ordinance, applications for a conditional use permit. 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 districts, or only if such uses are designed or laid out in a particular manner on site. A conditional use permit shall be required for all uses listed as
B. In considering an application for a conditional use permit, the Board 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 shall give due regard to the nature and condition of all adjacent uses and structures and the consistency therewith of the proposed conditional use and any potential nuisances.
C. No public hearing need be held by the Board, in considering and application for a conditional use permit, except when the Board 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, both by posting notice on or near the parcel of land involved at places which will be conspicuous to the neighboring properties and to the public, and by publishing notice in the same manner as the Village Ordinances are published and posted within the Village of Forest, Ohio. Notice may also be given by such other means as the granting authority 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 any action taken.
(4) Notwithstanding any other provision of this Ordinance, upon a showing of hardship, the Board may grant an application for a permit, requested by the owner of an existing non-conforming mobile home located on a lot within the Village, authorizing said owner to move that mobile home only onto a lot in an R-2 Zone.
(5) Notwithstanding any other provisions of this Ordinance, the Board may grant an application for a permit, requested by the owner of an existing non-conforming mobile home or residence located on a lot within the Village, authorizing said owner to improve or replace that existing non-conforming mobile home or residence even though, after the completion of said improvement or replacement, the mobile home or residence will still be a non-conforming in that zoning district. Such improvement or replacement shall not be more objectionable than the existing mobile home or residence.
(Ord. 1876. Passed 6-11-15.)
(Ord. 1876. Passed 6-11-15.)