§ 151.069 ORDINARY REPAIR AND MAINTENANCE; DEMOLITION.

   (A)   Nothing in this subchapter shall be construed to prevent any ordinary repair or maintenance of an exterior architectural feature or any ordinary hardscaping now in the village.

   (B)   Nothing in this subchapter shall be construed to prevent the demolition of a structure, whether public or private, within the village.

(Ord. 584, passed 4-21-1986; Am. Ord. 03-2014, passed 8-18-2014)

VARIANCES AND APPEALS

§ 151.090 PURPOSE AND AUTHORITY.

   (A)   Under some unusual circumstances, including (but not limited to) the peculiar size, shape or topography of land, full and strict compliance with all development standards of the zoning and building ordinances of the village could result in substantial hardship or injustice to the owner of the land, and could even result in undesirable development of the land. The Planning Commission may grant a variance to permit limited deviation from the development standards of the zoning ordinances of the village, pursuant to the criteria of § 151.093 of this subchapter, where the development resulting from granting the variance will be consistent with the general purpose and intent of the village’s zoning ordinances.

   (B)   Variances shall not be granted to allow a use not permitted by the ordinances of the village in a particular zoning classification.

(Ord. 583, passed 4-21-1986; Am. Ord. 03-2014, passed 8-18-2014)

§ 151.091 FILING AND FEE.

   (A)   Written application for a variance shall be made to the Planning Commission and filed with the Clerk-Treasurer, who shall transmit the application to the Planning Commission. The application shall be signed by the owner of the property affected and shall state that the information provided is accurate and truthful.

   (B)   The applicant shall pay a fee of $200 to cover advertising, review and reporting the proceedings of the Planning Commission with respect to the requested variance.

(Ord. 583, passed 4-21-1986; Am. Ord. 05-2009, passed 7-20-2009; Am. Ord. 03-2014, passed 8-18-2014)

§ 151.092 CONTENTS OF APPLICATION.

   The application shall include:

   (A)   The name, address and telephone number of the owner of the property;

   (B)   An accurate legal description of the property;

   (C)   The exact nature of the variance requested, including reference to the particular standard and ordinance from which the applicant seeks deviation;

   (D)   A statement explaining the relation of the requested variance to the criteria for approval as listed in § 151.093;

   (E)   A list of all owners of property, including their mailing addresses, within 100 feet of, contiguous to, or directly across the street from the subject property;

   (F)   Seven copies of a plot plan showing:

      (1)   Boundaries and dimensions of the property, the size and location of all proposed or existing structures and the location of trees and shrubs;

      (2)   The nature of the special conditions or circumstances affecting the property;

      (3)   The proposed use of all parts of the lot and structures; and

      (4)   The use of land and the location of structures on adjacent property; and

   (G)   Any additional information required by the Planning Commission to establish the advisability of granting the variance.

(Ord. 583, passed 4-21-1986; Am. Ord. 05-2009, passed 7-20-2009; Am. Ord. 03-2014, passed 8-18-2014)

§ 151.093 CRITERIA FOR APPROVAL.

   The following considerations shall be examined in the review and the public hearing of an application for variance:

   (A)   That special circumstances or conditions exist which are peculiar to the land or structure(s) involved and which are not applicable to other lands or structures in the village.

   (B)   That a literal interpretation of the provisions of this Zoning Ordinance would result in practical difficulties for the owner of the property. The factors to be considered by the Planning Commission in making this determination are:

      (1)   Whether the property in question will yield a reasonable return or whether there can be any 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 whether adjoining properties would suffer a substantial detriment as a result of the variance.

      (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 property owner’s predicament feasibly can be obviated through some method other than a variance.

      (7)   Whether the spirit and intent behind the zoning requirement would be required to be observed and substantial justice done by granting the variance.

   (C)   That the special conditions and circumstances do not result from the actions of the applicant.

   (D)   That the granting of the variance will in no other manner adversely affect the health, safety and general welfare of the persons residing or working within the vicinity of the proposed variance, and not diminish or impair established property values within the surrounding areas, and not unreasonably increase the congestion in public streets.

(Ord. 583, passed 4-21-1986; Am. Ord. 05-2009, passed 7-20-2009; Am. Ord. 03-2014, passed 8-18-2014)