The Board of Zoning Appeals shall hold a public hearing within thirty-five (35) days after the receipt of an application for an appeal or variance from the Director of Zoning or his/her authorized representative or an applicant. At the public hearing, any party may appear in person or be represented by an attorney at law.
A. Notice of Public Hearing
Before holding the public hearing required in Section 1179.03, notice of such hearing shall be provided on the City’s social media and web site ten (10) days prior to the date of said hearing or given in one (1) or more newspapers of general circulation in the City, at least ten (10) days prior to the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
B. Notice to Parties of Interest
Prior to conducting the public hearing required in Section 1179.03, written notice of such hearing shall be mailed by the Secretary of the Board of Zoning Appeals (BZA) by first class mail at least ten (10) days before the day of the hearing to all owners of property within, contiguous to, and directly across the street from the subject property. The mailing list shall be supplied to the BZA by the property owners requesting the variance or appeal. The notice shall contain the same information as required of notices provided on the City’s social media and web site ten (10) ten days prior to the date of said hearing or in general circulation newspapers, as specified in Section 1179.03A. The applicant requesting a rezoning and/or a BZA variance request may also be required to place a hearing sign on the subject property (refer to Section 1163.05H) with dimensions and contents of the sign to be determined by the Director of Zoning. The cost of such sign shall be borne by the applicant.
C. Action by the Board of Zoning Appeals
1. The Board of Zoning Appeals may adjourn the hearing on its assigned date for the purpose of obtaining additional information, or to serve notice of the hearing upon other property owners with substantial interest in the case. If a hearing is adjourned, the Board of Zoning Appeals shall not be required to inform previously identified persons who have already been heard of the time of its resumption.
2. Within thirty-five (35) days after the public hearing required in Section 1179.03, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in Section 1179.03D., or disapprove the request for appeal or variance. All such decisions shall be supported by written findings of fact and conclusions of law.
3. In approving, or approving with supplementary conditions, the Board of Zoning Appeals shall further state in the findings of fact and conclusions of law that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building, or structure. A copy of this decision shall be transmitted to the applicant and the Director of Zoning or his/her authorized representative. Such finding shall be binding on all parties, and the Director of Zoning or his/her authorized representative shall incorporate its terms and conditions in the relevant permit.
4. Appeals from Board of Zoning Appeals decisions shall be made to the Court of Common Pleas of Hamilton County, within thirty (30) days after the decision by the Board of Zoning Appeals.
5. Variances issued by the Board of Zoning Appeals and not acted upon within one (1) year will be terminated.
6. If an appeal has been denied by the Board of Zoning Appeals, the Board will not reconsider the same appeal if resubmitted within six (6) months after the date of decision unless, the underlying conditions have substantially changed.
D. Supplementary Conditions and Safeguards
Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this Ordinance in the district involved or any use expressly or by implication prohibited by the terms of this Ordinance in said district. In granting any appeal or variance, the Board of Zoning Appeal may prescribe any appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the appeal or variance has been granted, shall be deemed a violation and punishable under Section 1175.16 and/or 1175.99 of this Ordinance.
(Ord. 6-22. Passed 5-17-22.)