(a) The Board of Zoning Appeals shall have the power to authorize upon appeal in specific cases, filed as hereinbefore provided, such variances from the terms, provisions or requirements of this Zoning Code as will not be contrary to the public interest provided, however, that such variances shall be granted only in such cases where, owing to special and unusual conditions pertaining to a specific piece of property as described below, the literal enforcement of the provisions or requirements of this chapter would result in practical difficulty or undue hardship, so that the spirit of the chapter shall be upheld, public safety and welfare secured and substantial justice done. Variances shall not be granted for uses not permitted in the zoning district applicable to the property.
(1) Conditions prevailing. Where there are exceptional or extraordinary circumstances or conditions, the literal enforcement of the requirements of this chapter would involve practical difficulty or would cause unnecessary hardship, unnecessary to carry out the spirit and purpose of this chapter, the Board of Zoning Appeals shall have power to relieve such hardship. In authorizing a variance, the Board of Zoning Appeals may attach thereto such conditions regarding the location, character, and other features of the proposed structure or use it as it may deem necessary in the interest of the furtherance of the purpose of the chapter and in the public interest. In authorizing a variance, with attached conditions, the Board of Zoning Appeals shall require such evidence and guarantee or bond as it may deem to be necessary, to enforce compliance with the conditions attached.
(2) Findings of the Board of Zoning Appeals. No such variance of the provisions or requirements of this chapter shall be authorized by the Board of Zoning Appeals unless the Board of Zoning Appeals finds that all of the following facts and conditions exist:
A. Exceptional Circumstances. Where, by reason of the exceptional narrowness, shallowness, or unusual shape of a specific piece of property on the effective date of this chapter, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property, that do not apply generally to other properties or classes of uses on the same zoning district.
B. Preservation of Property Rights. That such variance is necessary for the preservation and enjoyment of substantial property rights which are possessed by other properties in the same zoning district and in the same vicinity.
C. Absence of Detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this chapter or the public interest.
D. Not of General Nature. That the condition or situation of the subject property, or the intended use of the property, for which variance is sought, is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulations for such conditions or situation.
(b) Application for Variance. A variance from the terms of this Zoning Code shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Zoning Administrator. The application shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied by the application. At a minimum, the application shall contain the following information:
(1) Name, address and telephone number of applicant;
(2) A survey by a person licensed in the State of Ohio to perform land surveys;
(3) Description of the nature of variance requested;
(4) A statement demonstrating that the requested variance conforms to the standards set forth in subsection (a) (1) hereof; and
(5) A fee as established by Council.
(c) Supplementary Conditions and Safeguards. In granting any appeal or variance the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards when made a part of the terms under which the appeal or variance is granted shall be deemed a violation of this code and punishable under Section 1113.01. 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 Zoning Code in the district involved, or any use prohibited by the terms of this Code in such district.
(d) Public Hearing by the Board of Zoning Appeals. The Zoning Administrator shall establish a date for a public hearing within 30 days after the receipt of an application for a variance or a notice of appeal; provided that the date for said public hearing is satisfactory to the Board of Zoning Appeals and the applicant. The hearing on the appeal or variance shall be held within 40 days of receipt of application for the variance or the notice of appeal.
(e) Notice of Public Hearing in Newspaper. Before holding the public hearing required in subsection (d) hereof notice of such hearing shall be given by publication in a newspaper of general circulation in the City not less than ten days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance. The initiating party shall provide at its cost the publication of the notice and shall, on or before the date of the hearings, provide an affidavit confirming compliance with this section, which affidavit shall have attached thereto a "proof of publication" form provided by the publishing newspaper.
(f) Notification of Board of Zoning Appeals Hearing. Written notice of the public hearing provided by subsection (d) hereof shall be provided to the owners of the real property within the area covered by the application for the variance and to the owners within 300 feet in any direction of the boundaries of the area covered by the application, within the City of Loveland. For the purposes of this section, the word “owners” shall mean those persons appearing on the county's current tax duplicate as the owners of fee simple title to the real properties. Such written notice shall be provided at least ten days prior to the date of the hearing by hand delivery, or by posting it by prepaid ordinary U.S. mail at the address listed upon the tax duplicate for each such owner. The written notice shall contain the same information as required of notices published in newspapers as specified in subsection (e) hereof. When the proposed variance has been initiated by the City, the City shall provide at its cost the hand or postal delivery provided herein above. When the proposed variance has been initiated by a party other than the City, the initiating party shall provide at its cost the hand or postal delivery provided herein above and shall file with the Board of Zoning Appeals on or before the date of the hearing an affidavit confirming compliance with the provisions of this section. The failure to hand deliver or mail the notice provided by this section shall not, however, invalidate any action of the Board of Zoning Appeals on the variance application.
(g) Action by Board of Zoning Appeals. Within 35 days after the public hearing required in subsection (d) hereof the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in subsection (c) hereof, or disapprove the request for appeal or variance pursuant to the provision of the Charter. The Board of Zoning Appeals Hearing shall not be continued beyond 35 days. The Board of Zoning Appeals shall further make a finding that the reasons set forth in the application justify the granting of the appeal or variance and by demonstrating that the decision will make possible a reasonable use of the land, building or structure. If the application is disapproved by the Board of Zoning Appeals, the applicant may seek relief through the Court of Common Pleas.