(a) Authority to Grant Variances. Authority to consider variance(s) from the terms of this Zoning Code is granted to the Board of Zoning and Building Appeals and to City Council according to the following:
(1) The Board of Zoning and Building Appeals may authorize a variance from the terms of this Code pertaining to single-family residences in residential districts, except as otherwise specified in this Code.
(2) Council, based on a recommendation of the Planning Commission, may authorize a variance from the terms of this Code pertaining to uses requiring site plan review, or conditional use approval, except as otherwise specified in this Code.
(b) Variances Reviewed by the Board of Zoning and Building Appeals. The Board of Zoning and Building Appeals may authorize, in specific cases, such variance from the terms of this Code as specified in Section 1137.06(a) as will not be contrary to the public interest according to the following procedures:
(1) Application Requirements. An application for a variance shall be filed with the Planning Director for review by the Board of Zoning and Building Appeals upon the forms provided, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested variance:
A. Name, address and phone number of applicant(s);
B. Proof of ownership, legal interest or written authority;
C. Description of property or portion thereof;
D. Description or nature of variance requested;
E. Narrative statements establishing and substantiating the justification for the variance pursuant to subsection 1137.06(b)(2);
F. Site plans, floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance;
G. Payment of the application fee as established by Council;
H. Any other documents deemed necessary by the Planning Director. Upon receipt of a written request for variance, the Planning Director shall within a reasonable amount of time make a preliminary review of the request to determine whether such application provides the information necessary for review and evaluation. If it is determined that such application does not provide the information necessary for such review and evaluation, the Planning Director shall so advise the applicant of the deficiencies and shall not further process the application until the deficiency is corrected.
(2) Review by the Board. According to the procedures established for appeals in Section 1137.05(a), the Board shall hold a public hearing and give notice of the same. The Board shall review each application for a variance to determine if it complies with the purpose and intent of this Code and evidence demonstrates that the literal enforcement of this Code will result in practical difficulty or unnecessary hardship. The following factors shall be considered and weighed by the Board in determining practical difficulty or unnecessary hardship:
A. Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same Zoning District; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures or conditions;
B. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
C. Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
D. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
E. Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup;
F. Whether special conditions or circumstances exist as a result of actions of the owner;
G. Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
H. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance; and
I. Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district.
(3) Additional Conditions and Safeguards. The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the variance applies will be met.
(4) Action by the Board. The Board shall either approve, approve with supplementary conditions as specified in subsection c, or disapprove the request for variance. The Board shall further make a finding in writing 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.
(c) Variances Reviewed by Planning Commission and Council. An application for a variance pertaining to a use requiring site plan review or conditional use approval, shall be reviewed by Planning Commission and Council according to the procedures established for site plan review in Section 1137.03, or for conditional use approval in Section 1137.04, whichever is applicable. When an application for a variance is submitted separate from a site plan for building construction or site modifications, the application requirements shall be as required for variance reviewed by the Board of Appeals as set forth in Section 1137.06(b)(1).
(d) Term and Extension of Variance. Variances shall be nonassignable prior to the commencement of construction and shall expire one year from the date of their enactment, unless prior thereto, the applicant commences actual construction in accordance with the granted variance. There shall be no modification of variances except by further consideration of the appropriate review body.
(1) Extension. Extension of variances, without modification, may be applied for during the month prior to the expiration, if the variance does not carry a prohibition against the extension. Extensions may be granted by the appropriate review body if that body finds that the requested extension is consistent with the purpose, policies, intent and specifications of the zoning code, and with any specific conditions considered and applied in the original granting of the original variance.
Application for extension shall be made according to the provisions for application for variances pursuant to Section 1137.06(b).
(2) Renewal. Requests for renewal of expired variances shall be considered to be the same as an application for a variance and shall meet all requirements for application and review pursuant to Section 1137.06(b).
(Ord. 2007-222. Passed 1-10-08.)
(e) Reasonable Accommodation. Pursuant to the Federal Fair Housing Act, as Amended in 1988, the City of Stow is obligated to provide individuals with disabilities the opportunity to secure reasonable accommodations with respect to housing rules, policies, practices, and procedures of the City of Stow and Housing Providers to guarantee equal access to housing for those individuals.
(1) Definitions. For purposes of this Code, the following terms are defined below:
A. Disability: A physical or mental impairment that substantially limits one or more major life activities, a record of having such an impairment or being regarded as having such impairment. Individuals who are currently using illegal substances are not covered under the Act, unless they have a separate disability.
B. Authorized Agent: A person or persons designated by individual(s) with a disability to make decisions for the individual(s).
C. Reasonable Accommodation: For purposes of this ordinance, Reasonable Accommodations include reasonable modifications and accommodations. A reasonable modification is a change made to residential property occupied by a person with a disability to afford such a person the full enjoyment of the premises. A reasonable accommodation is a change, exception, or adjustment to a rule, policy or practice.
D. Reasonable Accommodation Request: A request to modify land use, zoning, and building regulations, policies, practices, or procedures to give individuals with disabilities an equal opportunity to use and enjoy a dwelling.
E. Property Owner: The individual or company that is responsible for the payment of any rates and taxes that arise on the property in question or exercises owners’ rights to the property such as a block of the property in question.
F. Reasonable Accommodation Review Process: The process, consisting of approval of the Law Director and the Planning Director, designated to make determinations on fair housing accommodation requests pursuant to these Regulations. The Law Director and the Planning Director shall undertake appropriate training in Fair Housing Law on a biannual basis, and shall retain record of such training until superseded by new training.
(2) Requesting Reasonable Accommodation.
A. An Individual with a disability or an Authorized Agent of individual(s) may request a Reasonable Accommodation to the City of Stow’s land use regulations, zoning regulations, policies, practices and procedures.
B. A Reasonable Accommodation can be made in writing or verbally. The information provided must include:
1. Name and address of the Individual(s) with a disability whom are requesting the accommodation.
2. Address of the property for which a Reasonable Accommodation is requested.
3. Description of the Reasonable Accommodation requested and the City of Stow’s land use regulation, zoning regulation, policy, practice or procedure to which a change is required for the person with a disability.
4. Name, address, and phone number of the Property Owner.
C. A Reasonable Accommodation Request may be made at any time when the Reasonable Accommodation is necessary to ensure equal access to housing.
D. The Reasonable Accommodation Request must not be made available to review to anyone who is not a member of the Reasonable Accommodation Review Process.
E. While a Reasonable Accommodation Request is pending, all of the City of Stow’s land use regulations, zoning regulations, policies, practices and procedures that apply to the property in question are in full effect.
F. The grant of a Reasonable Accommodation Request by the Reasonable Accommodation Review Process does not affect an individual’s obligations to comply with any other applicable City of Stow land use regulations, zoning regulations, policies, practices and procedures.
(3) Reasonable Accommodation Review Board.
A. Reasonable Accommodation Requests must be reviewed by the Reasonable Accommodation Review Process.
B. The Reasonable Accommodation Review Process must jointly issue a written decision on a Reasonable Accommodation Request within thirty (30) days of their Receipt of the Reasonable Accommodation Request.
C. The Reasonable Accommodation may grant the Reasonable Accommodation Request, grant the Reasonable Accommodation Request with modifications, or deny the Reasonable Accommodation Request based on one or more of the Factors for Consideration of Reasonable Accommodation Request.
D. If the Reasonable Accommodation Review Process needs additional information in deciding how to rule on the Reasonable Accommodation Request, the Reasonable Accommodation Review Process may make specific and detailed requests of the further information needed from the Individual(s) with a disability. If this request is made, the thirty (30) day period within which the Reasonable Accommodation Review Process must decide is stayed until the Individual(s) with a disability responds to the request.
(4) Factors for Consideration of Reasonable Accommodation Request.
A. The Reasonable Accommodation Review Process’ jointly written decision to grant, grant with modifications, or deny a Reasonable Accommodation Request must be based on the following factors:
1. Whether the housing, which is the subject of the request for reasonable accommodation, will be used by Individual(s) with a disability;
2. Whether the requested accommodation is necessary to make housing available to Individual(s) with a disability;
3. Whether the requested accommodation would impose an undue financial or administrative burden on the City of Stow; and
4. Whether the requested accommodation would require fundamental alteration to the City of Stow’s land use and zoning or building program.
(5) Written Decision by Reviewing Authority.
A. The Reasonable Accommodation Review Process’ jointly written decision on a Reasonable Accommodation Request must explain the basis of the decision by using their findings with respect to the factors set forth in subsection (e)(4)A.1.-4.
B. All decisions by the Reasonable Accommodation Review Process must include notice to the Individual(s) with a disability who filed the Reasonable Accommodation Request’s ability to appeal.
C. Notice of the decision and a copy of the decision must be sent to the Individual(s) with a disability who filed the Reasonable Accommodation Request by certified mail within three (3) business days from the date of the decision.
D. The jointly written decision of the Reasonable Accommodation Review Process is a final appealable order unless it is appealed by the Individual(s) with a disability who filed the Reasonable Accommodation Request.
E. If the Reasonable Accommodation Review Process fails to render a written decision on the Reasonable Accommodation Request within the thirty (30) day period set forth in subsection (e)(5)B., the Reasonable Accommodation Request is automatically granted.
(6) Appeals.
A. The Individual(s) with a disability who made the Reasonable Accommodation Request or his or her Authorized Agent may appeal a decision by filing a written request for an appeal within sixty (60) days of the date of the Reasonable Accommodation Review Process’ written decision with the Board of Zoning Appeals, and notice given to the Reasonable Accommodation Review Board.
B. All appeals must contain a statement of the grounds for appeal.
(7) Reporting.
A. The Reasonable Accommodation Review Process shall provide a report to Council on an annual basis of the number of reasonable accommodations granted by the Reasonable Accommodation Review Process in the previous year. The number of the reasonable accommodations shall not list any identifying information, but shall include the number of reasonable accommodations granted in each of the Wards of the City.
(Ord. 2022-207. Passed 3-9-23.)