(a) Area Variance Application Required. Upon receipt of a complete application, the Board of Zoning Appeals may authorize an area variance from the terms of this Code as will not be contrary to the public interest according to the following procedures and the area variance standards of review as set forth in this section. Development density shall not be eligible for area variance consideration.
(b) Area Variance Definition. Area variances shall be defined as those variances from a zoning regulation that establishes minimum or maximum areas, heights, distances, separation volume or any other United States customary unit of measurement.
(c) Application Requirements. An application for an area variance shall be filed with the Building Commissioner upon the forms provided by the City, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested area variance:
(1) Name, address and phone number of applicant(s).
(2) Proof of ownership, legal interest or written authority.
(3) Description of property or portion thereof.
(4) Description or nature of variance requested.
(5) Narrative statements establishing and substantiating the justification for the variance.
(6) Site plans, floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance.
(7) A list of all property owners located within two hundred feet of any part of the property on which the variance is proposed, including their addresses and permanent parcel numbers.
(8) Full payment of the variance application fee.
(9) Any other documents or information deemed reasonably necessary by the Building Commissioner in order to adequately review and make a determination on the application.
(d) Public Hearing. The Board of Zoning Appeals shall hold a public hearing as set forth in Section 1127.03
to consider each area variance application.
(e) Area Variance Standards of Review. The Board of Zoning Appeals shall review each application for an area variance to determine if it complies with the purpose and intent of this Zoning Code and Comprehensive Master Plan based on sufficient evidence demonstrating that the literal enforcement of this Code will result in a practical difficulty. A practical difficulty exists whenever a zoning standard unreasonably deprives a landowner of a permitted use of their property. All of the factors set forth in this section do not need to be satisfied; rather, they shall be weighed together in the analysis as part of a balancing test. The factors to be considered and weighed in determining whether a property owner seeking an area variance has encountered practical difficulties in the use of their property include, but are not limited to:
(1) Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district. Examples of such special conditions or circumstances are exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures or conditions.
(2) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the area variance.
(3) Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures.
(4) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the area variance.
(5) Whether the variance would adversely affect the delivery of governmental services such as water, sewer, and trash pickup.
(6) Whether the property owner purchased the property with knowledge of the zoning restrictions.
(7) Whether special conditions or circumstances exist as a result of actions of the owner.
(8) Whether the property owner’s predicament feasibly can be obviated through some method other than an area variance.
(9) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting an area variance.
(f) Request for Additional Information. The Board of Zoning Appeals may request that the applicant supply additional information that the Board deems necessary to adequately review and evaluate the request for an area variance.
(g) Area Variance Conditions. In authorizing an area variance, the Board of Zoning Appeals may apply such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of furthering the purposes of this Zoning Code, furthering the public interest and in support of the Comprehensive Master Plan. In authorizing an area variance with attached conditions, the Board may require such evidence or statements, as it may deem necessary, that the conditions attached are and shall be complied with. Specifically, the Board may attach one or more of the following conditions to an area variance:
(1) Paving.
(2) Landscaping and/or other screening fence or wall.
(3) Amount and location of off-street parking, loading and signs.
(4) Direction and intensity of outdoor illumination.
(5) Cleaning and painting.
(6) Performance standards intended to control or eliminate or reduce smoke, dust, radiation, gas, noise or odor.
(7) Hours of operation.
(8) Outdoor storage.
(9) Other conditions as may be deemed appropriate and necessary by the Board to adequately satisfy the applicable standards of review.
(h) Final Approval of Area Variances by City Council. Any action by the Board of Zoning Appeals in granting an area variance concerning the height of a building or structure, or concerning the minimum lot area per dwelling unit, shall not become effective until such decision has been referred to City Council and has been approved by City Council after considering the standards of review set forth in this section.
(i) Withdrawal or Change of an Area Variance. An area variance, once granted, shall not be withdrawn or changed unless there is a substantial change of circumstances, or, if after the expiration of one year, no substantial construction is undertaken in accordance with the terms and conditions under which such area variance was granted. In such circumstances, the Building Commissioner shall provide the applicant with written notice of the noncompliance. Upon failure to fully comply with the area variance requirements within thirty days of receiving the notice, the area variance shall be deemed null and void and all regulations governing the parcel and land use(s) in question shall revert to those in effect before the area variance was granted.
(j) Violation of Area Variance Conditions. If the area variance is approved with conditions, the Board shall include the list of specific variance conditions upon which the variance was granted within the documented minutes of the public hearing meeting. Violations of such conditions shall be enforced in the following manner:
(1) Upon a finding that one or more area variance conditions have not been satisfied, the Building Commissioner shall notify the applicant of the violation in writing by certified mail.
(2) The applicant shall have thirty days from the receipt of the notice of violation to fully satisfy the area variance condition(s).
(3) Failure to satisfy the condition(s) within the thirty day period shall result in the revocation of the area variance approval.
(k) Approval Time Limit. Approved area variances that are not fully acted upon within twelve months shall be considered null and void.
(l) Final Decision. If an area variance application has been denied by the Board of Zoning Appeals, the applicant shall have the right to appeal the decision under the administrative appeals process as set forth in Chapters 2505 and 2506 of the Ohio Revised Code. After the applicant has exhausted all available appeals rights, the denial shall be considered a final decision and no application on the same matter may be accepted by the Board of Zoning Appeals.
(Ord. 2022-24. Passed 5-24-22.)