(a) A variance allows the development of property in a manner that the zoning regulations would not otherwise permit. In order to obtain a variance, the landowner must file an application, and meet the requirements of this Section.
(b) An application for Variance shall be filed with the Zoning Inspector who shall transmit same to the Commission. A fee as established by the Village Council shall be paid to the Zoning Inspector at the time notice of appeal is filed, which shall forthwith be forwarded to the Clerk-Treasurer to the credit of the general revenue fund.
(c) The Commission shall have the power to hear and decide and authorize such variances from the provisions or requirements of this chapter as will not be contrary to the public interest. In authorizing a variance, the Commission may attach conditions and require such guarantee or bond as it may deem necessary to assure compliance with the objectives of this chapter. On appeal where there is unnecessary hardship, the Commission may grant a variance in the application of the provisions of the zoning chapter only if all of the following findings are made:
(1) That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of the zoning chapter in the neighborhood or district in which the property is located.
(2) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning chapter and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(3) That such unnecessary hardship has not been created by the appellant.
(4) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use of development of adjacent property, nor be detrimental to the public welfare.
(5) That the variance if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
HEARING ON VARIANCE APPLICATION
(d) The Commission shall fix a reasonable time for the hearing on a request for variance, give at least 15 days' notice in a newspaper of general circulation in the municipality, and give at least 20 days' notice to property owners appearing on the County Auditor's current tax list whose property either abuts or is directly across a public right of way from the property which is the subject matter of the appeal or variance request. The Commission shall make a decision on the variance request within a reasonable time after it is submitted. Both the notice to the newspaper and to the property owners shall set forth the time and place of the hearing and a summary of the variance requested, and the name of the person or entity requesting the variance. Each application or notice of appeal shall be accompanied by the required fee. At this hearing, any party may appear in person or by authorized agent. Any defect in notification as provided in this section shall not invalidate any decision by the Commission on a variance request.
(e) The hearings of the Commission shall be public. However, the Commission may go into executive session.
(f) The procedure for the hearing shall be fixed by the Commission but the applicant shall have the right to be represented by counsel, to present testimony and evidence, and to cross-examine witnesses.
(g) The Secretary of the Commission shall mail a letter to the applicant advising such applicant of the date, time and place of the hearing and further, that the applicant or a representative must appear to have the appeal heard.
(h) Upon the day for hearing any application, the Commission may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in the application. In the case of an adjourned hearing, persons previously notified and person already heard need not be notified of the time or resumption of the hearing unless the Commission so decides.
(i) The Commission, in its discretion, may dispense with the 30 days public notice required in Section 1139.04 when the application for variance is limited to relief from rear, side, or front yard requirements of this chapter in "R" Districts and/or is limited to relief from the prohibition of improvements to an existing dwelling and/or structures accessory thereto which are nonconforming uses in the district where located; provided, however, that the Commission shall not dispense with the public notice unless there is first filed with the application for variance a written consent to the relief requested by all of the owners of all of the property abutting and across a public right-of-way from the property with respect to which the application for variance is filed.
(j) Anytime the Commission is required to mail notice to sub-paragraph 1139.04(a), such notice shall be sent in duplicate by ordinary mail and certified mail, return receipt requested; provided however that in the event certified mail delivery is unsuccessful for any reason, service shall nonetheless be deemed complete and in compliance with Section 1139.04 so long as notice was also sent by ordinary mail.
DECISION OF THE COMMISSION ON THE VARIANCE.
(k) The Commission shall decide all applications for a variance within ten days after the final hearing thereon.
(l) A certified copy of the Commission's decision shall be transmitted to all parties in interest. Such decision shall be binding upon the Zoning Inspector and observed by him, and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Commission.
(m) A decision of the Commission shall not become final until the expiration of five days from the date such decision is made, unless the Commission shall find the immediate taking effect of such decision is necessary for the preservation of property or personal rights and shall so certify on the record.
(n) The Commission may reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises; and to that end, shall have all powers of the Zoning Inspector from whom the appeal is taken. Any party adversely affected by a decision of the Commission may appeal to the Court of Common Pleas of the County, on the ground that the decision was unreasonable or unlawful.
(Ord. 2164. Passed 3-17-14.)