The Board of Zoning Appeals (BZA) shall have the power to authorize variances in specific cases as described herein. The Board of Zoning Appeals shall hear and decide all applications for variances from the strict application of this zoning code as will not be contrary to the public interest, and where owing to special characteristics of the property of use, the literal enforcement of this code would result in unnecessary hardship in the case of a use variance, or will result in a practical difficulty in the case of an area variance. In handling variances, it shall be the intent of the Board of Zoning Appeals to see that the spirit of the zoning code is being observed, public safety and welfare secured and substantial justice done. Variances shall not be granted for uses not permitted in the Zoning District applicable to the property where a proper resolution would be to rezone the property to accommodate the requested use. In those cases, an application for rezoning the property is required.
(A) Conditions prevailing. Where there are exceptional or extraordinary circumstances or conditions, and the literal enforcement of the requirements of this chapter would involve practical difficulty or would cause unnecessary hardship, unnecessary to carry out the spirit and purpose of this code, the Board of Zoning Appeals shall have power to relieve such hardship. In authorizing a variance, the Board of Zoning Appeals may attach thereto such conditions regarding the location, character, and other features of the proposed structure or use, as it may deem necessary in the interest of the furtherance of the purpose of the code and in the public interest. In authorizing a variance, with attached conditions, the Board of Zoning Appeals shall require such evidence and guarantee or bond as it may deem to be necessary, to enforce compliance with the conditions attached.
(B) Findings of the Board of Zoning Appeals. No such variance of the provisions or requirements of this chapter shall be authorized by the Board of Zoning Appeals unless the Board of Zoning Appeals finds, that ALL of the following facts and conditions exist:
(1) Exceptional circumstances. Where, by reason of the exceptional narrowness, shallowness, or unusual shape of a specific piece of property on the effective date of this code, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property, that do not apply generally to other properties or classes of uses on the same zoning district.
(2) Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights which are possessed by other properties in the same zoning district and in the same vicinity.
(3) Absence of detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this code or the public interest.
(4) Not of general nature. That the condition or situation of the subject property, or the intended use of the property, for which variance is sought, is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulations for such conditions or situation.
(C) Application for variance. A variance from the terms of this code shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Zoning Administrator. The application shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied by the application. The application shall contain the following information as a minimum:
(1) The name, address and telephone number of the applicant;
(2) A survey of the property in question by a person licensed in the State of Ohio to perform land surveys as may be required by the Chief Building Official or Zoning Administrator;
(3) A description of the nature of the variance requested;
(4) A statement demonstrating that the requested variance conforms to the standards set forth in division (B) of this section; and
(5) A fee as established by City Council.
(D) Supplementary conditions and safeguards. In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this code. Violation of such conditions and safeguards when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this code and punishable under Chapter 1299. Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this code in the district involved, or any use prohibited by the terms of this code in such district.
(E) Public hearing by the Board of Zoning Appeals. The Board of Zoning Appeals shall establish a date for a public hearing within ten days after the receipt of an application for a variance. The hearing on the variance shall be held within 30 days of receipt of application for the variance.
(F) Notice of public hearing in newspaper. Before holding the public hearing required in division (E) of this section, notice of such hearing shall be given by publication in a newspaper of general circulation in the city prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.
(G) Notice to parties of interest. Before holding the public hearing required in division (E) of this section, written notice of such hearing shall be mailed by first class mail or hand delivered before the day of the hearing to the property owner, the petitioner and all property owners located within 250 feet in any direction of the property upon which an application for a variance has been filed. The failure to mail or deliver the notification as provided in this code shall not invalidate any such notice.
(H) Action by Board of Zoning Appeals.
(1) Within 30 days or as soon thereafter as is reasonable, following the public hearing required in division (E) of this section, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in division (D) of this section, or disapprove the request for a variance in writing to the applicant.
(2) All documents, plans or other materials submitted to or considered by the Board of Zoning Appeals shall be part of the record of any public hearing required in division (E) of this section. The Board of Zoning Appeals may include a staff report submitted to the board in the public record by accepting such report by majority vote of its members to ensure a complete record of its proceedings. If the request for a variance is disapproved by the Board of Zoning Appeals, the applicant may seek relief through the Court of Common Pleas. Failure to act within 30 days shall not constitute an approval of the variance.
(Ord. 2003-51, passed 5-20-03)