(a) The Board shall have all powers prescribed by 7.10 of the Twinsburg City Charter and shall have general appellate jurisdiction regarding administration of these development regulations, unless a different appellate procedure is prescribed in the Charter or Ordinances of Twinsburg
(b) The Board shall not possess the authority or power to hear, determine or grant variances to land use classifications established by ordinance.
(c) Variances.
(1) Where practical difficulty or unnecessary hardship results from the strict application of this Code, the Board shall have the power to vary or modify the regulations so that the spirit of this Code shall be observed, public safety secured, and substantial justice done; however, the Board shall not possess the authority or power to hear, determine, or grant variances to land use classifications or signs as established by this Code.
(2) In every instance of granting a variance by the Board, there must be a showing by the Board that:
A. The strict application of the provisions of the Code would result in practical difficulty or unnecessary hardship inconsistent with the general purpose of the intent of this Code.
B. There are exceptional circumstances or conditions applying to the property involved or to the intended use or development of the property that do not apply generally to other properties or uses in the same zoning district or neighborhood.
C. The granting of such variance will not be of substantial detriment to the public interest or to property or improvements in such district in which the variance is sought, and will not materially impair the purpose of this Code.
(d) Exceptions. The Board may, in appropriate cases, and subject to appropriate conditions and safeguards, determine and vary the application of these regulations in harmony with their general purpose and intent as follows:
(1) An extension or alteration of a non conforming use may be authorized if:
A. Such extension or alteration is necessary and incident to such existing nonconforming uses:
B. Such extension or alteration is not a change in use or a substantial addition;
C. Such extension or alteration upgrades the neighborhood;
D. Such extension or alteration will not be of substantial detriment to the public interest or to property or improvements in the neighborhood, and will not materially impair the purpose of these regulations.
(2) The extension of a use into a district immediately adjacent thereto may be permitted provided it is not more than twenty-five (25) feet beyond the dividing line of the two districts and under such conditions as will safeguard development in the adjoining district.
(e) Conditions. In granting a variance or exception, the Board may impose such conditions as it deems necessary to protect the public health, safety, and welfare and in the furtherance of the purposes and intent of this Code.
(f) Interpretation. The Board may interpret the requirements of these development regulations in considering appeals before it, and must do so in such a way as to carry out the intent and purpose of these development regulations. The Board shall not in the process of interpretation, vary the requirements of these regulations.
(Ord. 173-2000. Passed 12-17-00.)