§ 152.283 POWERS AND DUTIES.

   The Zoning Board of Appeals shall hear only those matters which it is authorized to hear by Public Act 110 of 2006, and render its decision based upon the criteria contained in this chapter. The Zoning Board of Appeals shall hear the following applications in accordance with the indicated standards:

   (A)   Administrative appeals.

      (1)   The Zoning Board of Appeals shall hear and decide appeals where it is alleged that there is an error in fact, judgment, procedure, or interpretation in any order, requirement, permit, or decision made by the Zoning Administrator or other body enforcing the provisions of this chapter.

      (2)   Site plan review.

         (a)   The Zoning Board of Appeals shall review and make final determination on properly filed appeals from action by the Planning Commission with respect to site plan reviews conducted pursuant to §§ 152.190 through 152.195.

         (b)   The Zoning Board of Appeals has the power to sustain, reverse or remand for further consideration the decision of the Planning Commission when it is found that the decision is inconsistent with the provisions of this chapter or that there was an error of fact involved in the decision. In making this determination, the Zoning Board of Appeals shall examine the application and all accompanying data as well as the records of the actions with respect to the site plan review.

   (B)   Interpretations.

      (1)   The Zoning Board of Appeals shall have the power to make an interpretation of the provisions of this chapter when it is alleged that certain provisions are not clear or that they could have more than one meaning. In deciding upon the request, the Board shall insure that its interpretation is consistent with the intent and purpose of this chapter and the subchapter in which the language in question is contained.

      (2)   The Zoning Board of Appeals may also make a determination of the precise location of the boundary lines between zoning districts in accordance with §§ 152.090 through 152.095, and records, surveys, maps, and aerial photographs.

      (3)   The Zoning Board of Appeals may determine the classification of any use of land not specifically mentioned as a part of the provisions of any district, so that it conforms to a comparable permitted or prohibited use of land in accordance with the purpose and intent of each district.

      (4)   The Zoning Board of Appeals may issue a determination of the off-street parking and loading requirements of a use of land not specifically mentioned in §§ 152.240 through 152.095 such that it conforms to a comparable use of land.

   (C)   Variances.

      (1)   The Zoning Board of Appeals, after public hearing, shall have the power to grant requests for variances from the provisions of this chapter where it is proved by the applicant that there are practical difficulties in the way of carrying out the strict letter of the chapter relating to the construction, equipment, or alteration of buildings or structures so that the spirit of the chapter shall be observed, public safety secured and substantial justice done.

      (2)   Non-use variance (practical difficulty). A non-use variance may be allowed by the Zoning Board of Appeals only in cases where there is reasonable evidence of practical difficulty in the official record of the hearing and that all of the following conditions are met:

         (a)   That there are exceptional or extraordinary circumstances or conditions applying to the property in question that do not apply generally to other properties in the same zoning district. Exceptional or extraordinary circumstances or conditions include:

            1.   Exceptional narrowness, shallowness or shape of a specific property on the effective date of this chapter;

            2.   By reason of exceptional topographic conditions or other extraordinary situation on the land, building or structure;

            3.   By reason of the use or development of the property immediately adjoining the property in question; whereby the literal enforcement of the requirements of this chapter would involve practical difficulties; or

            4.   Any other physical situation on the land, building or structure deemed by the Zoning Board of Appeals to be extraordinary.

         (b)   That the condition or situation of the specific parcel of property for which the variance is sought is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulation for such conditions or situations.

         (c)   That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance.

         (d)   The variance will not be significantly detrimental to adjacent property and the surrounding neighborhood.

         (e)   The variance will not impair the intent and purpose of this chapter.

         (f)   That the immediate practical difficulty causing the need for the variance request was not created by any affirmative action of the applicant.

[Amended 3-10-2008]