The Board of Zoning Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of the Zoning Ordinance, but does have power to act on those matters where the Zoning Ordinance provides for an administrative review, interpretation, exception or special approval permit and to authorize a variance as defined in this section and laws of the State of Ohio. Such powers include:
(a) Administrative Review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision or refusal made by the Building Inspector or any other administrative official in carrying out or enforcing any provisions of the Zoning Ordinance.
(b) Variance. To authorize, upon an appeal, a variance from the strict application of the provisions of the Zoning Ordinance where by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of the Zoning Ordinance or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon the owner of such property provided such relief may be granted without substantially impairing the intent and purpose of the Zoning Ordinance. In granting a variance the Board may attach thereto such conditions regarding the location, character, and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of the Zoning Ordinance. In granting a variance, the Board shall state the grounds upon which it justifies the granting of a variance.
(c) Exceptions and Special Approvals. To hear and decide in accordance with the provisions of the Zoning Ordinance, requests for exceptions, for interpretations of the Zoning Map, and for decisions on special approval situations on which the Zoning Ordinance specifically authorizes the Board to pass. Any exception or special approval shall be subject to such conditions as the Board may require to preserve and promote the character of the zone district in question and otherwise promote the purpose of the Zoning Ordinance, including the following:
(1) Interpret the provisions of the Zoning Ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning Map fixing the use districts, accompanying and made part of the Zoning Ordinance, where street layout actually on the ground varies from the street layout as shown on the map aforesaid.
(2) Permit the erection and use of a building or use of premises for public utility purposes, upon recommendation of the Planning Commission.
(3) Permit the modification of the automobile parking space or loading space requirements where, in the particular instance, such modification will not be inconsistent with the purpose and intent of such requirements.
(4) Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape, or so located with relation to surrounding development or physical characteristics, that it cannot otherwise be appropriately improved without such modification.
(5) Permit temporary buildings and uses for periods not to exceed two years in undeveloped sections of the City and for periods not to exceed six months in developed sections.
(6) Permit, upon proper application, the following character of temporary use, not otherwise permitted in any district, not to exceed twelve months with the granting of twelve-month extensions being permissible: uses which do not require the erection of any capital improvement of a structural nature.
The Board of Zoning Appeals, in granting permits for the above temporary uses, shall do so under the following conditions:
A. The granting of the temporary use shall in no way constitute a change in the basic uses permitted in the district nor on the property wherein the temporary use is permitted.
B. The granting of the temporary use shall be granted in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of the temporary permit.
C. All setbacks, land coverage, off-street parking, lighting and other requirements to be considered in protecting the public health, safety, peace, morals, comfort, convenience and general welfare of the inhabitants of the City, shall be made at the discretion of the Board of Appeals.
D. In classifying uses as not requiring capital improvement, the Board of Appeals shall determine that they are either demountable structures related to the permitted use of the land; recreation developments, such as, but not limited to: golf-driving ranges and outdoor archery courts; or structures which do not require foundations, heating systems or sanitary connection.
E. The use shall be in harmony with the general character of the district.
F. No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided for in the Zoning Ordinance. Further, the Board of Appeals shall seek the review and recommendation of the Planning Commission prior to the taking of any action.
(Ord. 82-1970. Passed 11-2-70.)
(d) Considerations for Variance. In consideration of all appeals and all proposed variations to the Zoning Ordinance, the Board shall, before making any variations from the Zoning Ordinance in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the City. A minimum of three votes by the members of the Board present shall be necessary to reverse any order, requirements, decision, or determination of the Building Inspector, or to decide in favor of the applicant any matter upon which it is authorized by the Zoning Ordinance to render a decision. Nothing herein contained shall be construed to give or grant to the Board the power or authority to alter or change the Zoning Ordinance or the Zoning Map, such power and authority being reserved by Council in the manner provided by law. (Ord. 27-76. Passed 4-5-76.)