As required by Charter, the Board shall hear and decide all zoning appeals in conformity with the intent and purposes of the Ordinances governing zoning.
(a) Form of Decisions. In ruling upon an appeal as provided herein, the Board shall act by written resolution which shall indicate specifically the Sections or Subsections under which authority to act is granted and shall state all of the terms and conditions of said Sections or Subsections which have been found in favor of the applicant.
(b) Standards for Appeal. If the Board finds that there has been an error of the law or fact, such error shall be specifically stated in its resolution of final disposition.
(1) There shall be no finding of an error of law unless supported by an opinion of the Law Director or by some other attorney at law appointed by Council to render a legal opinion on the subject.
(2) If the Board is of the opinion that an error of fact may have occurred, and such error is of a technical nature not readily determined without technical assistance, such as, but not limited to, questions relating to the location of building or boundary lines, area, height or distance, then the Board shall request the City Administrator to provide such technical assistance by City employees or others.
(c) Standards for Variances. The Board shall not grant a variance:
(1) If the result of which would be to sanction any act which would violate any other law of the City of Rossford or the State of Ohio.
(2) Where it has knowledge that such variance would conflict with other lawfully adopted rules, regulations, private deed restrictions, or private covenants as mandated by Section 1101.03 (Provisions of Ordinance Declared to be Minimum Requirements) of the Planning and Zoning Ordinance.
(3) The Board may grant a variance when the Board finds that all of the following conditions exist:
A. The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not apply generally to the land and the buildings in the vicinity.
B. The granting of the application is necessary for the preservation and enjoyment of substantial property rights and not merely to serve as a convenience to the applicant.
C. That the condition from which relief or a variance is sought did not result from action by the applicant.
D. The authorizing of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or imperil the public safety or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the health, safety, convenience, or general welfare of the inhabitants of the City.
E. That the applicant is not presently in violation of the Section or Sections of the Planning and Zoning Ordinance from which relief is sought.
(d) In granting a permit under any of the powers conferred above, 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 the owners and occupants of surrounding lots or the public. Specifically, the Board in such cases may attach conditions dealing with:
(1) Paving, shrubbery, ornamental, or screening fence or wall.
(2) Control or elimination of smoke, dust, radiation, vibration, gas, noise, or odor.
(3) Hours of operation.
A. Location of exits or show windows.
B. Cleaning and painting.
C. Elimination of nonconforming uses of the land or nonconforming signs before the standard period given for their elimination has expired.
D. Direction and intensity of outdoor illumination.
E. Amount and location of off-street parking, loading, and/or signs.
F. A period of time after which the permitted variance or exception shall expire.
(Ord. 2008-06. Passed 4-14-08.)