The Board of Zoning Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this Zoning Code, but does have power to act on those matters where this Zoning Code provides for an administrative review, interpretation or exception and to authorize a variance as defined in this Chapter and the laws of the State of Ohio. Such powers include:
(a) Administrative Review: To hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, permit, decision or refusal made by the Zoning Inspector or any other administrative official in carrying out or enforcing any provisions of this Zoning Code.
(b) Exceptions: To hear and decide, in accordance with the provisions of this Zoning Code, requests for exceptions, interpretations of the zoning map and other situations on which this Zoning Code specifically authorizes passage by the Board. Any exception permit shall be subject to such conditions as the Board may require to preserve and promote the character of the zoning district in question and otherwise promote the purposes of this Zoning Code. Exception permits may be issued in the following instances:
(1) To permit in a residential district the location of a temporary building for commercial or industrial use which is incidental to residential development, provided that such use shall be limited to one (1) year's duration, subject to renewal by the Board upon proper application and, in the case of a building, only upon the furnishing to the City of a bill-of-sale therefore in event the building is not removed prior to the expiration of a valid exception permit pertaining thereto.
(2) To permit the extension of a use district for a distance of not more than twenty-five (25) feet, where the boundary line of a district divides a lot held in single ownership at the time of the adoption of this Zoning Code or of a redistricting amendment thereof.
(3) To permit the enlargement, erection and use of a building or the use of a lot in any location for railroad or other public utility purposes which the Board finds reasonably necessary for the public convenience or welfare.
(4) To permit lots that were of record at the time of the adoption of this Zoning Code or of a redistricting amendment thereof and which contain less area or less width than the dimensional standards of the dwelling district in which they are located, to be used for single-family dwellings and to vary the side yard regulations for such lots. However, such exception shall be granted only when the owners of such lots furnish substantial proof of their inability to acquire or to acquire at a reasonable price additional land adjoining the lot that would be necessary to meet the required lot area and width regulations applicable thereto.
(5) To vary the parking requirements applicable, whenever it has been clearly demonstrated that the providing of full parking facilities is unnecessary or where such a requirement would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.
(6) To permit, except in R-1 through R-5 Districts, the placing of more than one (1) main building on a lot when all of the buildings are intended to operate as a single enterprise and the lot and all portions of it are owned, leased or under the control of a single party. In such cases, the yard requirements shall apply along all edges of the lot, but shall not be required for the internal arrangement of the buildings on the lot, provided that adequate light and air will reach all habitable rooms. Height, bulk and lot area per family requirements shall apply as in the case of one (1) main building on a lot.
(7) To permit the enclosing of an existing covered porch that extends within the required front yard for a distance of not more than ten (10) feet, but only when forty percent (40%) or more of the frontage within the same block already has enclosed porches that encroach into the required front yard.
(8) To permit free off-street parking areas for patrons' automobiles within a residential district, if the following conditions are met:
A. The parking area adjoins a commercial or industrial district which is within one hundred fifty (150) feet thereof, and ingress and egress to such parking area is from an arterial or collector street.
B. No business involving the repair or service to vehicles or sale or display thereof is conducted from such parking areas and no structures are erected or maintained thereon.
C. Conditions imposed by the Board with respect to yard surfacing, lighting and suitable screening requirements are met.
(9) To vary the side, front and rear yards no more than fifty percent (50%) of the required setbacks.
(c) Area or Dimensional Variance:
(1) To authorize upon an appeal a variance from the strict application of the provisions of this Zoning Code where, by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of enactment of this Zoning Code or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in practical difficulties to the owner of such property, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purposes of this Zoning Code. In granting a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed uses as it may deem reasonable in furtherance of the purposes of this Zoning Code. In granting a variance, the Board shall state the grounds upon which it justified the granting of a variance.
(2) Such appeals may be taken after initial application to the Zoning Inspector for permit or, where it is apparent that such would be vain and useless, may be made by initial application to the Board. In either event, the procedural provisions of this Chapter shall apply and be followed.
(3) The Board shall grant such variance only if the Board finds that four (4) of the following conditions [A. through G.] exist:
A. The property in question will either not yield a reasonable return or no beneficial use of the property is possible without a variance.
B. The variance is not substantial.
C. The essential character of the neighborhood would not be altered nor would adjoining properties suffer a substantial detriment as a result of the variance.
D. The variance would not adversely affect the delivery of governmental services.
E. The property owner purchased the property without knowledge of the zoning restriction.
F. The property owner’s predicament cannot be obviated feasibly through some method other than a variance.
G. The spirit and intent of this Zoning Code would be observed and substantial justice would be done by granting the variance.
(4) In determining whether any of the aforementioned conditions exist, the Board shall obtain recommendations of the proper City officials.
(d) Use Variance:
(1) To hear and decide instances where it is alleged that the applicant’s property cannot be used for the purposes permitted in the zoning districts because the restrictions as to use create an undue hardship. This is because:
A. Applicant’s property cannot be used for the purposes permitted in the zoning district.
B. Applicant’s plight is due to unique circumstances peculiar to his property and not a general condition in the neighborhood.
C. Applicant’s suggested use would not alter the essential character of the area.
D. Applicant’s problem has not been self-created.
E. The unavailability of administrative relief which might afford reasonable use of applicant’s property.
F. In addition to the information required for other variance requests, an application for a use variance under this Chapter shall include a plan drawn to scale detailing the specific use and improvements proposed by the applicant and a summary of the facts which support the alleged hardship.
(e) Appeals to Board:
(1) Appeals to the Board of Zoning Appeals may be taken after initial applications to the Zoning Inspector for a permit or, where it is apparent that such application would be in vain and useless, appeals may be made by initial applications to the Board. In either event, the procedural provisions of this Chapter shall apply and be followed.
(2) Appeals shall be made to the Board within thirty (30) days after the complained of action or inaction of the Zoning Inspector. Appeals shall be prepared in written form and shall specify the grounds thereof, setting forth the material subject matter sufficiently to identify the matters involved upon appeal. A copy thereof shall be filed with the Board and a copy thereof shall be filed with the Deputy Planning and Zoning Administrator, who shall forthwith prepare and transmit to the Board all papers and records of his/her office bearing thereon.
(3) Upon the filing of an appeal, the Chair of the Board shall fix a reasonable time for the hearing thereof, which may be at a special meeting of the Board, and shall cause due notice thereof to be given to all abutting properties. At such hearing, any party may appear in person or by an agent or attorney and shall be given an opportunity to be heard. No hearing shall be had sooner than fourteen (14) days after the date of the filing of the appeal.
(4) Upon hearing of the appeal, the Board may reverse, affirm or modify the order or determination appealed from and may make such orders and requirements as should be made for such purposes exercising all of the powers of the Planning and Zoning Division. The Board shall act upon each appeal within thirty (30) days after the filing thereof, failure of the Board to act within such period of time may at any time thereafter be construed by the appellant as denial thereof, for purposes of further appeal to City Council.
(5) In granting a permit under any of the powers granted by this Chapter upon the Board of Zoning Appeals, the Board may stipulate the manner in which the variance or exception shall be carried out or may require other improvements and safeguards for the protection of the health, safety and welfare of owners and occupants of surrounding lots or the public. In any event, if the applicant for such permit does not act on the permit within one (1) year from the date of issuance, such permit shall expire.
(6) Permits issued pursuant to the provisions of this Chapter shall be in writing, which shall set forth the exact nature of the variance permitted and all conditions and requirements exacted by the Board in connection therewith. The Board shall keep a copy thereof or other record and a copy shall be furnished to the Planning and Zoning Division.
(f) Appeals to Council:
(1) An applicant or appellant who has been denied a permit by the Board of Zoning Appeals may appeal to City Council only for relief from the portion of which the Board of Zoning Appeals has the authority to grant. Decisions or relief in excess of or outside of the Board of Zoning Appeal’s authority cannot be appealed to City Council. Any such appeal shall be made within thirty (30) days after the complained of action or inaction of the Board. Appeals must be prepared in written form and shall specify the grounds thereof, setting forth the material subject matter sufficiently to identify the matters involved upon appeal. One (1) copy thereof shall be filed with the Clerk of Council and one (1) copy shall be filed with the Board, together with a fee as determined from time to time by City Council to defray the cost of preparation of the record by the Board.
(2) Within thirty (30) days after the filing of the appeal, the Board shall prepare and transmit to the Clerk of Council all papers and records pertaining to the appeal, including the record forwarded to it by the Planning and Zoning Administrator in appeals originating through that office.
(3) Within a reasonable time after the filing of the appeal, City Council shall fix a hearing date, giving public notice thereof by publication and written notice thereof to the appellant. Upon hearing of such appeal, City Council may reverse, affirm or modify the order or determination appealed from and may make such orders and requirements as should be made, for such purposes exercising all of the powers of the Board. On such an appeal, Council shall have no authority to provide relief beyond that which would have been available to the appellant through the Board. No action contrary to that of the Board shall be taken except upon concurrence of two-thirds (2/3)or more of the members elected to City Council.
(4) If City Council does not act upon such appeal within sixty (60) days of the filing thereof, the appellant or applicant, at anytime thereafter, may file a written demand with the Clerk of Council that City Council act thereon within thirty (30) days thereafter. The failure of City Council to act upon such appeal within thirty (30) days may at anytime thereafter be construed by the appellant or applicant as a denial thereof, for purposes of further appeal to a tribunal having jurisdiction thereover.
(g) Appeals to Tribunal: No applicant for any permit or appellant for any special relief provided for in this Chapter shall file an action with respect thereto before any tribunal before having fully exhausted all administrative remedies and appeals provided for in this Zoning Code.
(h) Fees: Fees with respect to proceedings for special relief as provided in this Chapter shall be payable by the appellant or applicant at the time of the filing of the particular appeal. The appeal shall not be considered a qualified or properly filed appeal until such fee is paid. The fees for such appeals or applications shall be as determined from time to time by City Council.
(Ord. 118-2011. Passed 6-21-11.)