The Board of Zoning Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make a change in the terms of this Zoning Code, but the Board shall have the power to act on those matters where this Zoning Code provides for an administration review, interpretation, exception or special approval permit and to authorize a variance as defined in this section and in the laws of the State of Ohio. The powers shall include:
(a) Appeals. The Board shall hear and decide all appeals from any decision or action of the Zoning Inspector or any other administrative official in carrying out or enforcing any provision of this Zoning Code.
(b) Variances. Where there are practical difficulties or unnecessary or particular hardships in the way of carrying out the strict letter of this Zoning Code, the Board shall have the power in passing on appeals to vary any of the provisions of this Zoning Code relating to the construction or structure. The Board shall authorize a variance from the strict application of the provisions of this Zoning Code where evidence is submitted showing that:
(1) By reason of an exceptional narrowness, shallowness, shape or area of a specific piece of property, or by reason of exceptional topographic conditions or other extraordinary physical land conditions applying to the property that do not generally apply to other properties or uses within the same zoning district or neighborhood, the strict application of the provisions of this Zoning Code would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of this Zoning Code.
(2) The granting of the variance will not be of substantial detriment to the public interest or to property or improvements in the district in which the variance is sought, and will not materially impair the purpose of this Zoning Code. In granting a variance, the Board may attach such conditions or safeguards as it may deem necessary to protect the public health, safety or welfare and to further the purposes and intent of this Zoning Code.
(c) Exceptions and special approvals. The Board shall hear and decide, in accordance with the provisions of this Zoning Code, requests for exceptions, for interpretations of the Zoning Districts Map and for decisions on special approval situations on which this Zoning Code specifically authorizes the Board to pass. Any exception or special approval shall be subject to the following conditions:
(1) The Board shall interpret the provisions of this Zoning Code in such a way as to carry out the intent and purpose of the Comprehensive Plan, as shown on the Zoning Districts Map, accompanying and made a part of this Zoning Code, where the street layout on the actual ground differs from the street layout on the Zoning Districts Map.
(2) The Board shall permit, upon proper application, temporary uses not otherwise permitted in any district, for a period not to exceed 12 months, provided that such uses do not require the erection of any capital improvement of a structural nature.
(3) The Board shall permit modification of fence requirements, provided that the modification will not adversely affect or be detrimental to surrounding or adjacent development.
(4) The Board shall permit modification of the height and area regulations as may be necessary to secure an appropriate improvement of a building or lot which is so located, or which is of such a precarious shape in relation to surrounding development, that it cannot be appropriately improved without the modification.
(Ord. 1-91, passed 3-4-1991)