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1173.10 ACTION BY THE BOARD OF ZONING APPEALS.
   Within thirty (30) days after a public hearing, the Board of Zoning Appeals shall either approve, approve with supplementary conditions or disapprove the request or application before the Board. If an application for conditional use is approved or approved with modifications, the Board shall direct the Zoning Inspector to issue the conditional use permit listing the specific conditions specified by the Board for approval. Appeals from Board decisions shall be made in the manner specified in Section 1173.11 of this Zoning Ordinance.
(Ord. 13-12. Passed 8-9-12.)
1173.11 DUTIES OF ZONING INSPECTOR, BOARD OF ZONING APPEALS, LEGISLATIVE AUTHORITY AND COURTS ON MATTERS OF APPEAL.
   It is the intent of this Zoning Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that such questions shall be presented to the Board only on appeal from the decision of the Zoning Inspector, and that recourse from the decisions of the Board shall be to the courts as provided by law. It is further the intent of this Zoning Ordinance that the duties of the City Council in connection with this Zoning Ordinance shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Zoning Ordinance. Under this Zoning Ordinance the City Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this Zoning Ordinance as provided by law, and of establishing a schedule of fees and charges as stated in Ordinance No.17-12-1. Nothing in this Zoning Ordinance shall be interpreted to prevent any official of the City from appealing a decision of the Board to the courts as provided in Chapters 2505 and 2506 of the Ohio Revised Code. Any such appeal shall be made within ten (10) days of the Board's written decision. (Ord. 13-12. Passed 8-9-12.)
1173.12 PROCEDURES AND REQUIREMENTS FOR ADMINISTRATIVE REVIEW.
   Administrative reviews shall conform to the procedures and requirements of Sections 1173.06 through 1173.12 of this Zoning Ordinance. As specified in Section 1173.09, the Board of Zoning Appeals has appellate jurisdiction relative to administrative reviews.
(Ord. 13-12. Passed 8-9-12.)
1173.12.1 ADMINISTRATIVE REVIEW.
   Appeals will be heard and decided only in such cases where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of this Zoning Ordinance. Appeals may be taken by any person aggrieved or by any officer of the City affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty (20) days after the decision. The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector, or to decide in favor of the applicant on any matter upon which they are required to pass under the terms of this Zoning Ordinance.
(Ord. 13-12. Passed 8-9-12.)
1173.12.2 STAY OF PROCEEDINGS.
   An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is taken certifies to the Board of Zoning Appeals after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken on due cause shown.
(Ord. 13-12. Passed 8-9-12.)
1173.13 PROCEDURES AND REQUIREMENTS FOR VARIANCES.
   To vary the strict application of any of the requirements of this Zoning Ordinance in the case of exceptionally irregular, narrow, shallow or deep lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship - not economic in nature - that would deprive the owner of reasonable use of the land or building involved but in no other case. The fact that another use would be more profitable is not a valid basis for legally granting a variance. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance. The variance requested shall not alter the essential character of the locality, nor be in conflict with the Comprehensive Master Plan. In making this determination, the Board of Zoning Appeals shall be advised by the recommendation of the Planning Commission.
(Ord. 13-12. Passed 8-9-12.)
1173.13.1 PROCEDURE FOR CONSIDERATION OF PETITIONS FOR VARIANCE.
   The procedure for the consideration of petitions for variances shall be:
   (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. The Board shall also determine if the variance is the minimum variance that will make possible the reasonable use of land, building or structure.
   (b)   Under no circumstances shall the Board of Zoning Appeals grant a variance which will permit a use which is not permitted in the district involved.
   (c)   Conditions: The Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance and the recommendation of the Planning Commission. The Board of Zoning Appeals shall require a bond or irrevocable letter of credit to assure conformance to such conditions and safeguards as the Board may require.
   (d)   Violation of such conditions and safeguards when such are made a part of the terms under which a variance is granted, shall cause the bond mentioned in 1173.13.1(c) above to be forfeited and shall be deemed in violation of this Zoning Ordinance and punishable under Section 1169.99 of this Zoning Ordinance.
   (e)   Public Hearings: Prior to taking action on a request for a variance the Board of Zoning Appeals shall hold a public hearing and give notice to property owners as required in Section 1173.09 of this Zoning Ordinance.
      (Ord. 13-12. Passed 8-9-12.)
1173.13.2 APPLICATION AND STANDARDS FOR VARIANCES.
   A variance from the terms of this Zoning Ordinance shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Zoning Inspector and the Board of Zoning Appeals containing at a minimum:
   (a)   Name, address and phone number of applicants;
   (b)   Legal description of property; and a site plan based on an accurate survey showing existing and/or future building locations and the locations of buildings on adjacent properties. This site plan should be prepared by a registered surveyor attesting to the accuracy of same;
   (c)   Description of nature of variance requested;
   (d)   Variances from the terms of the Zoning Ordinance shall be granted only where the property owner shows that the application of a zoning requirement to the property is inequitable causing the property owner practical difficulties in the use of the property. Factors to consider include, but are not limited to:
      (1)   Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
      (2)   Whether the variance is substantial;
      (3)   Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
      (4)   Whether the variance would adversely effect the delivery of governmental services such as water, sanitary sewer or garbage removal;
      (5)   Whether the property owner purchased the property with knowledge of the zoning restriction;
      (6)   Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and
      (7)   Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance. The Board shall determine, after weighing the factors described above and any other factors the Board deems relevant, whether the property owner has shown practical difficulties so inequitable as to justify granting a variance to the property owner.
(Ord. 13-12. Passed 8-9-12.)
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