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(A) An application for a variance shall be submitted to the Board of Adjustment by filing a copy of the application with the Zoning Administrator in the Planning and Inspections Department. Applications shall be handled in the same manner as applications for special use permits in conformity with the provisions of §§ 153.341, 153.342 and 153.347.
(B) When unnecessary hardships would result from carrying out the strict letter of a requirement of this chapter, the Planning and Adjustment Board shall vary the requirement of this chapter upon a showing of all of the following:
(1) Unnecessary hardship would result from the strict application of the requirement. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property; and
(2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a disability; and
(3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship; and
(4) The requested variance is consistent with the spirit, purpose, and intent of the regulation, such that public safety is secured and substantial justice is achieved; and
(5) No change in permitted uses may be authorized by variance.
(C) In granting variances, the Board of Adjustment may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties.
(D) A variance may be issued for an indefinite duration or for a specified duration only.
(E) The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit (or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information). All such conditions are enforceable in the same manner as any other applicable requirement of this chapter.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A) The Zoning Administrator is authorized to interpret the official zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the Zoning Administrator, they shall be handled as provided in § 153.375.
(B) A written request for a map interpretation shall be submitted to the Zoning Administrator (or Board of Adjustment in cases of appeal by filing a copy of the application with the Zoning Administrator). The written request or application in the case of appeal shall contain sufficient information to enable the Zoning Administrator or Board to make the necessary interpretation.
(C) Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply.
(1) Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams or railroads shall be construed to follow such centerlines.
(2) Boundaries indicated as approximately following lot lines, town limits or extraterritorial boundary lines shall be construed as following such lines, limits or boundaries.
(3) Boundaries indicated as following shorelines shall be construed to follow such shorelines and in the event of change in the shoreline shall be construed as following such changed shorelines.
(4) Where distances are not specifically indicated on the official zoning map, the boundary shall be determined by measurement, using the scale of the official zoning map. Where a zoning district boundary divides a lot, the zoning district that occupies the majority of the lot shall be considered the zoning district for the entire lot. Said district boundary shall be interpreted to follow lot lines.
(5) Where any street or alley is hereafter officially closed, the regulation applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such closing.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
As provided in this chapter, the Board of Adjustment shall hear and decide all appeals, variance requests and requests for interpretations as expeditiously as possible, consistent with the need to follow a regularly established meeting schedule, follow agenda procedures, provide notice in accordance with §§ 153.320 through 153.332, and obtain the necessary information to make sound decisions.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A) When an appeal is taken to the Board of Adjustment in accordance with § 153.375, the Zoning Administrator shall have the initial burden of presenting to the Board sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion.
(B) The burden of presenting evidence sufficient to allow the Board of Adjustment to reach the conclusions set forth in § 153.376(B), as well as the burden of persuasion on those issues, remains with the applicant seeking the variance.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
(A) With respect to appeals, a motion to reverse, affirm or modify the order, requirement, decision or determination appealed from shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion. If such a motion is not made or fails to receive the votes necessary for adoption (see § 153.323), then the stated decision of the Zoning Administrator shall stand.
(B) If a motion to reverse or modify is not made or fails to receive the four-fifths vote necessary for adoption (see § 153.323), then the decision of the Zoning Administrator shall stand.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
ENFORCEMENT AND REVIEW
Whenever the Zoning Administrator receives a verbal or written signed complaint alleging a violation of this chapter, he or she shall investigate the complaint, take whatever action is warranted, and inform the complainant verbally or in writing what actions have been or will be taken.
(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)
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