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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.)
1173.13.3 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS.
   In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Zoning Ordinance and punishable under Section 1169.99 of this Zoning Ordinance.
(Ord. 13-12. Passed 8-9-12.)
1173.14 PROCEDURE AND REQUIREMENTS FOR APPROVAL OF CONDITIONAL USE PERMITS.
   It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation, and public facilities that each specific use must be considered individually. These specific uses that are conditionally permitted under the provisions of this Zoning Ordinance shall follow the procedures and requirements set forth in this Section.
(Ord. 13-12. Passed 8-9-12.)
1173.14.1 GENERAL.
   The following requirements shall be complied with prior to any approval or denial of a conditional use permit by the Board of Zoning Appeals:
   (a)   A written application for a conditional use is submitted indicating the section of this Zoning Ordinance under which the conditional use is sought and stating the grounds on which it is requested per Section 1173.14.2.
   (b)   A public hearing shall be held as specified in Section 1173.09 of this Zoning Ordinance.
   (c)   The Board of Zoning Appeals shall determine:
      (1)   That it has the authority to grant the request.
      (2)   That the granting of the conditional use will not adversely effect the neighborhood in which the conditional use is to be located.
      (3)   That the conditional use is not one which is contrary to the policies of the Comprehensive Master Plan of the City of Uhrichsville. In making this determination the Board shall be advised by the recommendation of the Planning Commission.
         (Ord. 13-12. Passed 8-9-12.)
1173.14.2 CONTENTS OF APPLICATION FOR CONDITIONAL USE PERMIT.
   An application for conditional use permit shall be filed with the Chairman of the Board of Zoning Appeals by at least one owner or lessee of property for which such conditional use is proposed. At a minimum, the application shall contain the following information:
   (a)   Name, address, and phone number of applicant;
   (b)   Legal description of property, including a current survey and plat map as prepared by a Registered Professional Surveyor;
   (c)   Description of existing use;
   (d)   Zoning district;
   (e)   Description of proposed conditional use;
   (f)   A plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the Board may require to determine if the proposed conditional use meets the intent and requirements of this Zoning Ordinance;
   (g)   A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property; a discussion of the general compatibility with adjacent and other properties in the district; and the relationship of the proposed use to the comprehensive plan;
   (h)   Such other information as may be required in Section 1173.14.
      (Ord. 13-12. Passed 8-9-12.)
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