(a) Application of Variance. Upon denial of a building permit by the Director of Building and Zoning or to facilitate any other desired variance except a variance pursuant to Section 1141.03(f), the applicant may file with said Director an application for a variance.
(b) Written Application. For any variance to be placed on the agenda of the next scheduled meeting of the Board of Zoning Appeals, eight ( 8) copies of a provided application and a statement of the reason for filing such application shall be filed with the Director of Building and Zoning not less than fifteen (15) days prior to the date of said meeting.
(1) Description of property and nature of variance. The application shall include the following statements:
A. The nature of the variance, including the specific provisions of the Zoning Ordinance upon which the variance is requested.
B. A legal description of the property, at the discretion of the Director of Building and Zoning.
C. A statement of the special circumstances or conditions applying to the land or structure and not applying generally throughout the zoning district.
D. A statement showing that the special conditions and circumstances do not result from the actions of the applicant.
E. A statement showing that the granting of the application is necessary to the preservation and enjoyment of substantial property rights.
F. Such other information regarding the application for appeal as may be pertinent or required for appropriate action by the Board of Zoning Appeals.
(2) Plot plan. The application shall be accompanied by eight copies of a plot plan drawn to an appropriate scale showing the following:
A. The boundaries and dimensions of the lot.
B. The nature of the special conditions or circumstances giving rise to the application for approval.
C. The size and location of existing and proposed structures, showing distance to lot lines.
D. The proposed use of all parts of the lot and structures, including access ways, walks, off-street parking, accessory structures, and loading spaces and landscaping.
E. The relationship of the requested variance to the development standards.
F. The use of land and location of structures on adjacent property.
(c) Review by Administrative Staff. The Director of Building and Zoning shall review the application and submit a report to the Board of Zoning Appeals before the date of public hearing, and the reasons thereof. Included in this report should be information on the Code sections impacted, other surrounding variances and negative or positive impact if applicable.
(d) Public Notice. Notice of the hearing before the Board of Zoning Appeals shall be carried out as prescribed by Section 1147.01
(a).
(e) Actions by the Board of Zoning Appeals. The Board of Zoning Appeals shall hold a public hearing and act on an appeal in accordance with the provisions of Section 1139.04
.
(f) Duration. A variance granted by the Board of Zoning Appeals shall expire automatically two years from the date of approval if, for any reason, construction has not commenced on the improvement for which the variance was granted.
(Ord. 2008-33. Passed 10-13-08; Ord. 2023-10. Passed 3-20-23.)