1264.085   VARIANCE TO THE RESIDENTIAL CODE OF OHIO.
   (a)   The Board of Zoning Appeals shall hear requests from variances from the application of the Residential Code of Ohio. A request for a variance or appeal from application of any aspect of the Residential Code of Ohio may be made to the Board of Zoning Appeals by any person believing himself or herself aggrieved of or by any officer of the City affected by any such official action.
   (b)   To be considered, the appellant shall, within 30 days after the date of such decision, file, in the office of the Building Commissioner, a notice of appeal specifying the decision or section of the Residential Code of Ohio from which the appeal is sought, the error alleged and all necessary data, in accordance with the form provided by the City.
   (c)   Public Hearing by the Board of Zoning Appeals.  The Board of Zoning Appeals shall hold a public hearing within 60 days from the date the appeal is filed with the Board of Zoning Appeals.
   (d)   Notice of Public Hearing.  Notices of the time and place of a public hearing shall be mailed to the appellant and to the affected property owners (owners of property contiguous to the property in question, and across the street therefrom, or within 500 feet, whichever is the most inclusive) as they appear in the current records of the County Auditor, or be published, once a week for two successive weeks prior thereto, in two newspapers of general circulation in the City. In addition, such notices shall be posted in the manner established by City Council.
   (e)   Review by Board.  The Board of Zoning Appeals shall review the notice, order or decision of the Building Commissioner, other officer, or agency and all relevant evidence submitted by the parties. The Board of Zoning Appeals shall uphold strict compliance with the Ohio Residential Code and any related order/decision of the Building Commissioner, other officer, agency, unless it finds, by clear and convincing evidence, that there is a gross abuse of authority, or fraud or collusion.
(Ord. 13-152. Passed 2-4-14.)