(a) The Board of Zoning Appeals shall make a finding that the reasons set forth in the application are valid and justify the granting of the variance, and that the items in 1129.03 have been fully satisfied.
(1) The Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. The Board may require a bond or irrevocable letter of credit to assure conformance to such conditions and safeguards as the Board may require.
(2) Violation or noncompliance of such conditions and safeguards when such are made a part of the terms under which a variance is granted shall cause the bond or letter of credit mentioned in division (a) above to be forfeited or called upon and shall further be deemed a violation of this Zoning Code.
(3) Prior to taking action on a request for a variance, the Board of Zoning Appeals shall hold a public hearing within forty-five days of the receipt of an application for a conditional use permit. In addition, the Board shall provide a notice of public hearing in a newspaper of general circulation in Trotwood not less than ten days prior to the date of such hearing, and shall be responsible for notifying by mail, at least ten (10) days in advance of such hearing, all property owners within 300 feet of the premises in question.
(b) Period of Validity. No variance granted by the Board of Zoning Appeals shall be valid for a period longer than one year from the date on which the Board grants the variance unless within such period unless a zoning permit is obtained and the construction, moving or remodeling of the structure is started, or an occupancy permit is obtained and a use commenced. The Board may grant a maximum of two extensions not exceeding six months each, upon written application, without notice of hearing.
(c) Upon approval of a variance application by the Board of Zoning Appeals the variance applies to the property and is not limited to the term of the applicant’s ownership of the premises. Any condition imposed when granting a variance must be directly related to the property involved and to the underlying purpose of the zoning code, without consideration of the particular person owning or occupying it.
(Ord. 45-08. Passed 12-15-08.)