(A) Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Enforcement Officer in the enforcement of this subchapter.
(B) Conditional uses; conditions governing applications. To grant, in particular cases and subject to appropriate conditions and safeguards, permits for conditional uses as authorized by this subchapter and set forth as conditional uses under the various use districts. The Board shall not grant a conditional use permit unless and until:
(1) A written application for a conditional use permit is submitted indicating the section of this subchapter under which the conditional use permit is sought;
(2) A public hearing is held. Notice of such public hearing shall be posted on the property for which the conditional use permit is sought and in a local newspaper at least fifteen days prior to the public hearing. This legal notice shall describe the request and appear at least once weekly for two consecutive weeks.
(3) The Board of Adjustment finds that, in the particular case in question, the use for which the conditional use permit is sough will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use and will not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood. In granting such a permit, the Board of Adjustment may designate such conditions in connection therewith as will conform to the requirements and spirit of this subchapter. If at any time after conditional use permit has been issued, the Board of Adjustment finds that the conditions imposed and agreements made have not been or are not being fulfilled by the holder of a conditional use permit, the permit shall be terminated and the operation of such a use discontinued. If a conditional use permit is terminated for any reason, it may be reinstated only after a public hearing is held.
(4) The Board of Adjustment shall determine a time limit for conditional use permits. Upon expiration of the time period, the holder of the conditional use permit must re-petition the Board for a new permit, which may or may not be granted based on conditions determined at the time of re-petition.
(C) Variances. To authorize upon appeal in specific cases such variances from the terms of this subchapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this subchapter would result in unnecessary hardship. A variance from the terms of this subchapter shall not be granted by the Board of Adjustment unless and until:
(1) A written application for a variance is submitted demonstrating:
(a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.
(b) That a literal interpretation of the provisions of this subchapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this subchapter.
(c) That said circumstances do not result from the actions of the applicant.
(d) That granting the variance requested will not confer upon the applicant any special privileges that are denied by this subchapter to other lands, structures, or buildings in the same district.
(e) That no nonconforming use of neighboring land, structures, or buildings in the same district and no permitted use of lands, structures, or buildings in other districts will be considered grounds for the issuance of a variance.
(2) Notice of public hearing shall be given as set forth in § 156.141(B)(2). At the public hearing which is held, any party may appear in person, by agent, or by attorney.
(3) The Board of Adjustment shall make findings that the requirements of § 156.141 have been met for a variance.
(4) The Board of Adjustment shall make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum one that will make possible the reasonable use of the land, building, or structure.
(5) The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this subchapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(6) In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this subchapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this subchapter and punishable under § 156.142.
(7) Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this subchapter.
(Ord. passed - - ; Ord. passed 8-27-2019)