(1) Purpose
The purpose of a variance is to provide limited relief from the requirements of this code in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this code. It is not intended that variances be granted merely to remove inconveniences or financial burdens that the requirements of this code may impose of property owners in general. Variances are intended to address extraordinary, exceptional, or unique situations that were not caused by the applicant's act or omission.
(2) Initiation
Pursuant to § 154.03(B)(1), any person having authority to file applications may initiate an application for a variance.
(3) Variance Review Procedure
The review procedure for variances shall be as follows:
(a) Step 1 - Application
The applicant shall submit an application in accordance with § 154.03(B) and with the provisions of this section.
(b) Step 2 - Staff Review and Staff Report
(i) Upon determination that a variance application is complete, the Zoning Administrator shall refer the application to the BZA and shall schedule a public hearing.
(ii) Prior to the BZA hearing for the variance application, the Zoning Administrator shall review the application and prepare a staff report.
(c) Step 3 - BZA Review and Decision
(i) The BZA shall hold a public hearing on the variance application within 60 days after the application is determined to be complete.
(ii) The BZA shall review the variance application during a public hearing. In reviewing the application, the BZA shall at a minimum, consider the staff report from the Zoning Administrator and the review criteria of this section.
(iii) Notification of the hearing shall be provided in accordance with § 154.03(B)(8).
(iv) Within 45 days of the close of the public hearing, the BZA shall make a decision on the application. In making its decision, the BZA may approve, approve with modifications or supplementary conditions, or deny the application.
(v) In approving a variance, the BZA may impose conditions on the approval, the proposed use, and the premises to be developed or used pursuant to such approval as it determines are required to ensure compliance with the standards of this section and the purpose of this code.
(vi) The BZA's decision and any related conditions of approval shall be recorded in written findings of fact.
(4) Review Criteria
Decisions on variance applications shall be based on consideration of the following criteria:
(a) Where an applicant seeks a variance, said applicant shall be required to supply evidence that demonstrates that the literal enforcement of this code will result in practical difficulty for an area/dimensional variance as further defined below.
(b) The following factors shall be considered and weighed by the BZA to determine practical difficulty:
(i) 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;
(ii) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(iii) Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
(iv) 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;
(v) Whether the variance would adversely affect the delivery of governmental services such as water, sewer, electric, refuse pickup, or other vital services;
(vi) Whether special conditions or circumstances exist as a result of actions of the owner;
(vii) Whether the property owner's predicament can feasibly be obviated through some method other than a variance;
(viii) Whether the spirit and intent behind the code requirement would be observed and substantial justice done by granting a variance; and/or
(ix) 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.
(c) No single factor listed above may control, and not all factors may be applicable in each case. Each case shall be determined on its own facts.
(5) Time Limit
(a) The applicant shall submit a completed application for a zoning permit within 1 year of the date the variance was approved or the approval shall expire.
(b) Upon expiration of a variance approval, a new application, including all applicable fees, shall be required before a new variance will be reviewed.
(6) Amendment of a Variance after a Decision
A variance may be amended, extended or modified only in accordance with the procedures and standards established for its original approval.
(7) Reapplication
(a) No application for a variance, which has been denied wholly or in part by the BZA, shall be resubmitted within 1 year of such denial, except on grounds of newly discovered evidence or proof, which the BZA deems sufficient to justify reconsideration.
(b) A substantial modification of a request for a variance may be submitted as a new application, however, without regard to the 1-year limitation. Before ruling on the new application, the BZA shall first determine if the modification of the request is substantial.
(8) Appeals of BZA Decisions
Any person or entity claiming to be injured or aggrieved by any final action of the BZA shall have the right to appeal the decision of the court of common pleas as provided in R.C. Chapters 2505 and 2506.
(Ord. 5-14, passed 3-17-2014)