The Planning and Zoning Commission shall have the power, in specific cases, to vary the application of any provision of this Zoning Code in terms of the following standards so that the public health, safety, morals and general welfare may be safeguarded and substantial justice done.
A. General Standards for Granting Variances
1. Where the literal application of this Zoning Code would result in practical difficulties or unnecessary hardships. However, such hardships must be found to be peculiar to the property in question, making it distinct from the general hardships of the district.
2. Where other exceptional circumstances or conditions, only applicable to the property involved or to the intended use or development of the property, do not apply to other property within the same zone. The fact that the owner of one parcel might apply prior to the owner of other parcels in the same area would not give him or her a right to a variance, thus granting a special privilege to an individual, when such variance would be necessarily denied to others. What must be shown, instead, is that there are exceptional conditions justifying a variance on one lot, and that a variance would be justified on any lot where the same set of circumstances exists.
3. Where granting of a variance will not be detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located. The existence of an unnecessary hardship or other exceptional circumstances is not ipso facto evidence for granting of a variance, for such hardships must be balanced against the present conditions and the extent to which such a variance would interfere with the proper future development rights of adjacent property.
4. The granting of a variance will not be contrary to the general purpose, intent and objectives of this Zoning Code or other adopted plans. A variance merely permits that which is contemplated in this Zoning Code under certain conditions. On the other hand, that which is not contemplated, but is deemed to be a desirable addition to this Zoning Code, should be effected by amendments.
B. Specific Limitations on Granting Variances
1. Limitations on Variations from Use Regulations
a. The Planning and Zoning Commission may permit variances as may be necessary to secure appropriate development of a lot of record only when:
b. The lot adjoins a lot occupied by a nonconforming building or use existing on the effective date of the original Zoning Code of the City (Ordinance 1958-74) (August 1, 1958).
c. The adjoining lot is not more than the next lower zoning district in order of restrictiveness.
d. If, in compliance with the above provisions, the use may be extended, such extension shall be limited to not more than twenty-five feet beyond the line of the district in which the use is located.
2. Limitations on Variations from Area Regulations
a. A lot of record, held in single and separate ownership on the effective date of the original Zoning Code of the City (Ordinance 1958-74) (August 1, 1958), and as may be amended from time to time, may be used as a site for a single-family dwelling.
The Commission may vary the minimum floor area requirements of a dwelling by not more than ten (10) percent if, by reason of a lot frontage or area or side yard widths which are greater than the specified in this Zoning Code, or by exceptionally skillful arrangement of site design, the result of such variation will be in harmony with the character of the neighborhood.
3. Limitations on Variations from Yard Regulations
a. The Commission may permit in Single Family Districts, as may be necessary to permit the appropriate development of a lot of record or because of a particular shape or for topographical reasons, variations in the required yards are not decreased more than twenty (20) percent, provided the Board determines that light and ventilation will be adequate and privacy not impaired, and provided the required area has not been decreased.
b. The Commission may permit in a residential district a modification of the required side yard so as to allow a one story garage to be attached to a single family dwelling constructed before the effective date of the original Zoning Code of the City (Ordinance 1958-74) (August 1, 1958), and to project into a required side yard. However, the resulting side yard shall not be less than three (3) feet.
4. Limitations on Variations from Height Regulations
The Commission may permit an increase in the height of a proposed or existing building or part thereof to the same height of an adjacent building (if the adjacent building is higher than permitted in the height regulations), if such increased height is essential to the completion of the building as originally planned. This variance may only be considered if the proposed or existing building is at the same grade as the building on the adjacent property.
5. Limitations on Variations to Nonconforming Buildings and Uses
The Commission shall have no power to authorize, as a variance, the establishment of a nonconforming building or use, or changes in nonconforming uses where none previously existed, except in terms of subsection A. hereof and Chapter 1292, Nonconforming Uses.
C. Lapse of Variances
A variance, once granted, shall not be withdrawn or changed unless there is a change of circumstances or if, after the expiration of one (1) year, no substantial construction is done in accordance with the plans for which such variance was granted. Should the latter be the case, the variance shall be deemed null and void, and all regulations governing the premises in question shall revert to those in effect before the variance was granted.
D. Application for Variance
A variance from the terms of this code shall not be granted by the Commission unless and until a written application for a variance is submitted to the Building Commissioner. The application shall be signed by the owner of record or applicant attesting to the truth and exactness of all information supplied by the application. The application form shall be supplied by the Building Commissioner, and 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 Section 1262.12; and
5. A fee as established by Council.
E. Application Deadlines
No variance shall be considered by the Planning and Zoning Commission at any meeting unless an application with all required supporting documents is submitted to the Building Department fourteen (14) business days prior to the meeting, which provides at least one (1) week for review and ten (10) calendar days for advertisements. No exception to this requirement will be permitted without the approval of the Councilperson from the district wherein the subject property or subject matter exists and the Building Commissioner. If it is a Citywide matter, no exception to this requirement will be permitted without the approval of the President of Council and the Building Commissioner.
F. Authority of Council to Overrule Decisions of the Commission.
Council has the right to overrule a decision of the Planning and Zoning Commission pursuant to Section 1262.03(F).
(Ord. 2000-128. Passed 12-6-00; Ord. 2008-131. Passed 1-21-09.)