Trash storage within the Business District shall be in an enclosed area, shielded from view. The method of screening shall be consistent with the Cardinal Square guidelines § 155.332 et seq., which have been established by the township for trash storage and shall be subject to approval by the Zoning Administrator.
(A) Businesses which are located within the Business District as of the date of this chapter shall conform with the trash storage requirements of this section within five years of the date of this chapter.
(B) Variances. A variance from the requirements of this section may be granted by a Board of Appeals. The Board of Appeals, which shall be appointed by the Township Board, shall consist of one member each of the Downtown Development Authority, Township Planning Commission and Township Zoning Board of Appeals. A request for variance shall be filed no later than six months prior to expiration of the five-year period as provided in division (A) above.
(C) Basis for variance. The Board of Appeals may allow a variance in cases involving practical difficulties or unnecessary hardships when the evidence in the official record of the appeal supports the following findings:
(1) The alleged hardships or practical difficulties, or both, are exceptional and peculiar to the property of the person requesting the variance, and result from conditions which do not exist generally throughout the township;
(2) The alleged hardships or practical difficulties, or both, which will result from a failure to grant the variance, include substantially more than mere inconvenience, or mere inability to attain a higher financial return;
(3) Allowing the variance will result in substantial justice being done, considering the public benefits intended to be secured by this chapter, the individual hardships that will be suffered by a failure to grant a variance, and the rights of others whose property would be affected by the allowance of the variance, and will not be contrary to the public purpose and general intent and purpose of this chapter.
(Ord. 13-02, passed 4-23-2013)