Loading...
(A) A variance from the terms of this chapter shall not be granted by the Zoning Board of Appeals unless and until a written application for a variance is submitted to the Zoning Administrator and Zoning Board of Appeals.
(B) The application shall contain:
(1) Name, address, and phone number of applicants.
(2) Legal description of property.
(3) A list of all property owners, including the tax mailing address, within, contiguous to, and directly across the street from the parcel upon which the variance is requested.
(4) Description of nature of variance requested.
(5) A narrative statement demonstrating that the practical difficulties incurred by the applicant.
(Ord. 09-2022, passed 12-5-22)
(A) Variances may be granted by the Board where the strict application of any provision of this Zoning Code would result in practical difficulties to the property owner. A request for a variance may be made to the Zoning Board of Appeals through the Zoning Administrator by an aggrieved property owner.
(B) A variance from the provisions or requirements of this Zoning Code shall not be authorized by the Board unless it finds that the following factors support the granting of the area variance:
(1) Whether the property will yield a reasonable return or whether there can be a beneficial use of the property without the variance;
(2) Whether the variance is substantial;
(3) Whether the essential character of the neighborhood would be substantially altered or adjoining properties suffer a "substantial detriment";
(4) Whether the variance would adversely affect the delivery of governmental services;
(5) Whether the property owner purchased the property with knowledge of the zoning restriction;
(6) Whether the problem can be solved by some manner other than the granting of a variance;
(7) Whether the variance preserves the "spirit and intent" of the zoning requirement and whether "substantial justice" would be done by granting the variance. Alleged hardships, such as theoretical loss or limited possibilities of economic advantage, shall not be considered real hardships.
(C) Variations to nonconforming uses and buildings.
(1) The Board shall have no powers to authorize, as a variance, the establishment of a nonconforming building or use, extensions of or changes in nonconforming uses where none previously existed.
(2) The substitution of a nonconforming use existing at the time of enactment of this Zoning Code for another nonconforming use shall be allowed; provided, no structural alterations are made except those required by law or ordinance.
(3) The Board shall adhere to all regulations contained in § 153.046 in acting upon all nonconforming uses and modifications thereto.
(Ord. 8-96, § 802.11, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
(A) The Board shall have the power to impose additional conditions and safeguards other than those stated in the Zoning Code when granting variances and conditional uses. Such additional conditions shall be reasonable and necessary to promote and preserve the public safety, general welfare and economic viability of the neighborhood and community and shall be imposed solely for the purpose of minimizing the effect of the variance or conditional use on surrounding property and the community as a whole.
(B) Violations of such conditions and safeguards, when made a part of the terms under which the variance or conditional use is granted, shall be deemed a violation of this chapter and punishable under § 153.999.
(Ord. 8-96, § 802.12, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22) Penalty, see § 153.999
A variance, once granted, shall not be withdrawn or changed unless there is a change of circumstances, or if, after the expiration of six months, no construction has taken place in accordance with the terms and conditions for which the variance was granted, the Zoning Administrator shall give a notice in writing, and 30 days thereafter the variance shall be deemed null and void and all regulations governing the premises in questions shall revert to those in effect before the variance was granted.
(Ord. 8-96, § 802.13, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
The Board of Zoning Appeals shall hold a public hearing within 40 days after the receipt of an application for an appeal or variance from the Zoning Administrator or an applicant.
(Ord. 8-96, § 802.14, passed 5-20-96; Am. Ord. 44-98, passed 2-1-99; Am. Ord. 09-2022, passed 12-5-22)
Before holding the public hearing, notice of such hearing shall be given in one or more newspapers of general circulation in the village at least ten days before the date of the hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
(Ord. 8-96, § 802.15, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
Before holding the public hearing, notice of such hearing shall be mailed by the chairperson of the Zoning Board of Appeals, by first class mail, at least ten days before the day of the hearing to all property owners within, contiguous to, and directly across the street from the parcel the variance is requested. The notice shall contain the same information as required of notices published in newspapers as specified in this subchapter.
(Ord. 8-96, § 802.16, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation, and public facilities that each specific use must be considered individually. These specific uses as they are conditionally permitted under the provisions of §§ 153.520 through 153.586 shall follow the procedures and requirements set forth in this subchapter.
(Ord. 8-96, § 802.17, passed 5-20-96; Am. Ord. 09-2022, passed 12-5-22)
Loading...