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Appeals to the Board of Zoning Appeals concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the City of Gallipolis affected by any decision of the Code Enforcement Officer. Such appeal shall be taken within twenty (20) days after the decision of the Code Enforcement Officer by filing a notice of the appeal specifying the grounds on which the appeal is being taken. Such appeal shall be filed with the Code Enforcement Officer and the Board of Zoning Appeals. The Code Enforcement Officer shall transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken.
(Ord. 2001-35. Passed 7-17-01.)
The Board of Zoning Appeals may authorize on appeal of specific cases such variance from the terms of this Zoning Ordinance that will not be contrary to the public interest where owing to special conditions, a literal enforcement of provisions of this Zoning Ordinance will result in unnecessary hardship. No non-conforming use of neighboring lands, structures, or buildings in the same district nor any non-permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance.
(Ord. 2001-35. Passed 7-17-01.)
The variance from the terms of this Zoning Ordinance shall not be granted by the Board of Zoning Appeals unless and until a written application for variance is submitted to the Code Enforcement Officer and the Board of Zoning Appeals containing:
(a) Name, address, and phone numbers of applicants.
(b) Legal description of property.
(c) Description of nature of variance requested.
(d) Fees to be established by City Commission.
(e) A narrative statement demonstrating the requested variance conforms to the following standards:
(1) Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and are not applicable to other lands, buildings, or structures in the same district.
(2) That a literal interpretation of the provisions of this Zoning Ordinance deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Zoning Ordinance.
(3) That special conditions and circumstances do not result from the actions of the applicant.
(4) That granting the variance as requested will not confer on the applicant any special privilege that is denied by this Zoning Ordinance.
(f) A list of all property owners within 200 feet contiguous to and directly across the street from the parcels proposed to be rezoned and others with substantial interest in the case.
(Ord. 2001-35. Passed 7-17-01.)
(Ord. 2001-35. Passed 7-17-01.)
Before holding the public hearing required in Section 1143.05, notice of such hearing shall be given in one (1) or more newspapers of general circulation in the City of Gallipolis at least ten (10) days before the date of the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeals or variances.
(Ord. 2001-35. Passed 7-17-01.)
Before holding the public hearing, written notice of such hearing shall be mailed by the Board of Zoning Appeals by first class mail at least ten (10) days before the day of the hearing to all property owners of adjoining property or that own property within two hundred feet (200') of the affected lot or parcel. The address of such owners appearing on the Gallia County Auditor’s tax list or the Gallia County Treasurer’s mailing list shall be used. The notice shall contain the same information as required notices published in newspapers specified in Section 1143.06.
(Ord. 2001-35. Passed 7-17-01.)
Within thirty (30) days after the public hearing required in Section 1143.05, the Board of Zoning Appeals shall either approve, approve with supplementary conditions, or disapprove the request for appeal or relief through variance. If the request for appeal or variance is denied, the applicant may seek relief through the Court of Common Pleas.
(Ord. 2001-35. Passed 7-17-01.)