(A) Nature of variance. A variance is permission to deviate in a specific manner from the terms of the zoning code, where, owing to special conditions of the land itself, a literal enforcement of the provisions of this zoning code will result in unnecessary hardship, and provided that only deviations from development standards shall be permitted.
(B) Authorization. The Board of Zoning Appeals may authorize variances from the terms of this zoning code as stated in § 152.013(B) when the Board of Zoning Appeals has made findings of fact based on the standards set out in division (E) of this section.
(C) Appeal for variance. An application for a zoning certificate shall be filed with the Zoning Inspector, and if the application is rejected, a copy of the application and its written rejection shall be forwarded to the Secretary of the Board of Zoning Appeals. The applicant may file an appeal for a variance on forms provided by the village, which shall contain the following:
(1) Description of property and nature of variance. Description of property and nature of variance:
(a) The nature of the variance, including the specific provisions of this zoning code from which the variance is requested;
(b) A description sufficient to identify the property, including a reference to the volume and page of the last recorded deed;
(c) A statement of the special circumstances or conditions applying to the land or structure and not applying generally throughout the zoning district;
(d) A statement showing that the special conditions and circumstances do not result from the actions of the applicant;
(e) A statement showing that the granting of the variance is necessary for the preservation and enjoyment of substantial property rights; and
(f) Such other information regarding the appeal as may be pertinent or required for appropriate action by the Board of Zoning Appeals.
(2) Plot plan. The appeal shall be accompanied by one copy of a plot plan drawn to an appropriate scale showing the following:
(a) The boundaries and dimensions of the lot;
(b) The size and location of existing and proposed structures;
(c) The proposed use of all parts of the lot and structures, including access ways, walks, off-street parking, loading spaces, and landscaping;
(d) The relationship of the requested variance to the standards set by this zoning code; and
(e) The use of land and location of structures on adjacent property.
(D) Hearing on variance. A hearing on the appeal shall be held by the Board and notice thereof given, as specified under § 152.014(C).
(E) Standards for variances. The Board shall not grant a variance unless it shall, in each specific case, make specific findings of fact directly based on the particular evidence presented to it that support conclusions that:
(1) The variance requested arises from special conditions of, or involving, the property which are unique (that is, a situation which is not ordinarily found in the same zoning district) and that the situation results from the enforcement of this zoning code and not by an action or actions of the property owner, the applicant, or any other person or party who has had control of the property;
(2) The strict application of the provisions of this zoning code, from which a variance is requested, will constitute unnecessary hardship on the property owner represented in the application;
(3) The variance desired will not adversely affect the public health, safety, and morals; and
(4) The variance desired will not compromise the general spirit and intent of this zoning code.
(F) Conditions and restrictions. In granting a variance, the Board of Zoning Appeals may impose such conditions, safeguards, and restrictions on the premises benefited by the variance as may be necessary to comply with the standards set out in division (E) of this section to reduce or minimize potentially injurious effects of the variance on other property in the neighborhood and to carry out the general purpose and intent of this zoning code.
(G) Decision on variance. The Board of Zoning Appeals shall have all powers of the Zoning Inspector with respect to the decision. The concurring vote of a majority of the members of the Board of Zoning Appeals shall be necessary to reverse or modify any decision of the Zoning Inspector under this zoning code. The Board of Zoning Appeals shall render a written decision on the application without unreasonable delay after the close of a hearing, and, in all cases, within 30 days after the close of the hearing.
(H) Period of validity. A variance granted by the Board of Zoning Appeals shall terminate at the end of six months from the date on which the Board grants the variance, unless within this six-month period a zoning certificate is obtained.
('80 Code, § 152.015) (Ord. 94-14, passed 7-5-94)