717.08 PROCEDURES FOR ARCHITECTURAL REVIEW BOARD HEARINGS.

   The Architectural Review Board has authority and jurisdiction to hear appeals filed pursuant to the provisions of Chapter 717 and to hear requests for variance from the literal interpretation of Chapter 717. Any hearing held by the Architectural Review Board shall be open to the public. and the Architectural Review Board may, at its discretion, hold public hearings at such times as it determines to be appropriate. The Board shall make a determination within thirty days from the conclusion date of any appeal hearing and variance hearing held before such Board. All deliberation and discussions by the Board shall be confidential and not subject to public participation. The failure of the Board to act within the thirty-day period shall not be determined to be either an approval or disapproval of the request being sought by the applicant.

   (a)    In appeal hearings, the Board shall review any order, decision or determination made by the Safety Service Director or his designate concerning the enforcement or application of the requirements of Chapter 717 of the Codified Ordinances of the City of Sharonville. The Board may reverse, affirm, modify or otherwise alter the contents and timing of any such decision. The Board may swear in witnesses, record any such hearings and may issue findings of fact and conclusions of law. The Board shall allow any individual to testify at such hearing and to have an authorized agent or attorney represent such individual at the hearing. The Board shall allow any such party to subpoena witnesses and to subpoena documents and other tangible evidence.

   (b)    The Board may authorize variances from the strict application of the regulations of Chapter 717 by reason of exceptional lot configuration, unusual relationship between the lot and adjoining properties and adjoining rights of way, or other extraordinary situations which create an undue hardship based upon the strict application of Chapter 717. No such variance shall substantially impair the public good or the aesthetics of the surrounding community or the public safety considerations benefited by the provisions of Chapter 717. The Board may reverse, affirm, modify or otherwise alter the contents and timing of any such decision. The Board may swear in witnesses, record any such hearings and may issue findings of fact and conclusions of law. The Board shall allow any individual to testify at such hearing and to have an authorized agent or attorney represent such individual at the hearing. The Board shall allow any such party to subpoena witnesses and to subpoena documents and other tangible evidence. A variance maybe granted by the Board if it finds by a preponderance of the evidence that all of the following conditions exist:

      (1)   The granting of the variance is reasonably necessary to relieve a hardship, to preserve the applicant’s right to continue operating a legal and conforming business, not merely for the financial or practical convenience of the applicant.

      (2)   The requested variance shall not constitute an increase in the nonconforming use of the regulated business without proof that such extension of a nonconforming use has been approved by the Sharonville Planning Commission pursuant to the Zoning Code of the City of Sharonville.

      (3)   That special circumstances or conditions apply to the property and the business in question and are unique to such property.

      (4)   That the special circumstances which are unique to the property in question are not the result of previous actions taken by the applicant.

      (5)   The aesthetic and safety considerations of adjoining properties, including public rights of way, will not be detrimentally affected by the granting of the variance.

In a request for a variance, the applicant shall clearly state in writing the above five criteria and how the requested variance shall address all of the required criteria.    

   (c)   After the determination by the Architectural Review Board concerning appeals and variances, the decision of the Architectural Review Board shall be final. Any further remedy shall involve Court appeals at the discretion of the applicant. No further action shall be necessary from the Safety Service Director, the City Council or any other administrative body of the City of Sharonville to enact the decision of the Architectural Review Board.

      (Ord. 2002-71. Passed 12-10-02.)