(A) Appeals. Appeals concerning interpretation or administration of this chapter may be taken by any owner of property with a substantial interest in the matter who is adversely affected, or by a governmental officer, department or bureau. Such appeal shall be taken within 20 days after the date of the decision, by filing with the Zoning Inspector or with the Planning and Zoning Board a notice of appeal specifying the decision of the Zoning Inspector from which the appeal is being taken.
(B) Powers of the Planning and Zoning Board.
(1) The Planning and Zoning Board shall have the power to authorize, upon appeal in specific cases, filed as hereinafter provided, such variances from the provisions or requirements of the chapter as will not be contrary to the public interest. Such variances shall be granted only in cases of exceptional conditions, involving irregular, narrow, shallow or steep lots, or other exceptional physical conditions of the land, whereby strict application of such provisions or requirements would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land and buildings involved.
(2) No variance from strict application of any provision of this chapter shall be granted by the Board unless it finds that all the following facts and conditions exist:
(a) There are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions specific to the land or building for which the variance is sought, and such conditions do not apply generally to land or buildings in the neighborhood or district in which the property is located;
(b) Because of such physical circumstances or conditions, the authorization of a variance is necessary to enable the reasonable use of the property;
(c) Such unreasonable and unnecessary hardship has not been created by the appellant;
(d) The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and
(e) The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(3) Under no circumstances shall the Planning and Zoning Board grant an appeal or variance that would allow a use not permissible under this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.
(C) Application for variance and/or appeals.
(1) Any person owning or having an interest in property, after being denied a zoning permit, may file an application to obtain a variance or appeal from the decision of the Zoning Inspector. An application for a variance or appeal shall be filed with the Zoning Inspector on a form as specified for that purpose. The Zoning Inspector shall forward a copy of the application to the Planning and Zoning Board.
(2) The application for a variance or an appeal shall contain the following information:
(a) Name, address and phone number of the applicant;
(b) Legal description of property as recorded in the County Recorder’s office;
(c) A map or drawing to approximate scale, showing the dimensions of the lot and any existing or proposed building;
(d) The names and addresses of all property owners within 200 feet, contiguous to and directly across the street from the property, as appearing on the County Auditor’s current tax list;
(e) Each application for a variance or appeal shall refer to the specific provisions of this chapter which apply; and
(f) A narrative statement explaining the following:
1. The use for which variance or appeal is sought;
2. Details of the variance or appeal that is applied for and the grounds on which it is claimed that the variance or appeal should be granted, as the case may be; and
3. The specific reasons why the variance or appeal is justified, according to division (B)(2)(a) through (B)(2)(e) above.
(D) Public hearing by the Planning and Zoning Board.
(1) Prior to making a decision on the proposed appeal or variance, the Board shall hold a public hearing for consideration of an appeal from a decision of the Zoning Inspector or variance unless a resolution is passed, by affirmative vote, declaring that a hearing is not needed in the specific case being considered. If such hearing is held, notice of such hearing shall be given in one or more newspapers of general circulation in the village at least ten days before the date of said hearing. The notice shall set forth the date, time and place of the public hearing, and the nature of the proposed appeal or variance.
(2) Before holding such public hearing, written notice of such hearing shall be mailed by the Clerk of the village, by first-class mail, at least ten days before the day of the hearing to all parties of interest. The notice shall contain the same information as required of notice published in newspapers as specified above. Parties of interest shall include owners of property within 200 feet from, contiguous to, and directly across the street from the property being considered. Failure of delivery of such notice shall not invalidate the findings of the Board.
(E) Supplementary conditions and safeguards. In granting any appeal or variance, the Planning and Zoning Board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this chapter and punishable under § 152.999.
(F) Action by Planning and Zoning Board. Within 60 days after the first regular meeting of the Planning and Zoning Board following submittal of an application filed pursuant to division (C) above, the Board shall either approve, approve with supplementary conditions or disapprove the request for appeal or variance. If the application is approved, or approved with supplementary conditions, the Board shall make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure. If the request for appeal or variance is denied, the reasons for such denial shall be noted in writing. The Board shall transmit a written copy of its decision and findings to the Zoning Inspector, who shall forward such copy to the applicant by first class mail, or in person.
(G) Appeals. After action is taken by the Planning and Zoning Board, the applicant, or other party adversely affected by the action, may seek relief through the Court of Common Pleas. Such appeal must be filed within 30 days from the date of the action by the Board. A copy of the notice of appeal shall be served on the Clerk of the village by the aggrieved party within seven days from the date of filing of the appeal.
(Ord. 97-5, passed 8-4-1997) Penalty, see § 152.999