(A) Appeals. Appeals to the Board of Zoning Appeals concerning interpretation or administration of this chapter may be taken by any person aggrieved including a tenant, or by a governmental officer, department, board, or bureau. Such appeal shall be taken within 20 days after the date of the decision, by filing with the Building and Zoning Inspector or with the Board of Zoning Appeals, a notice of appeal specifying the decision of the Building and Zoning Inspector which the appeal is being taken.
(B) Powers of the Board of Zoning Appeals.
(1) The Board of Zoning Appeals shall have the power to authorize, upon appeal in specific cases, filed as hereinafter provided, such variances from the provisions or requirements of the ordinance as will not be contrary to the public interest. Such variances shall be granted only in cases of exceptional conditions, involving irregular, narrow, shallow, or steep lots, or other exceptional physical conditions of the land, whereby strict application of such provisions or requirements would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land and buildings involved. No variance from strict application of any provision of this chapter shall be granted by the Board unless it finds that all the following facts and conditions exist:
(a) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions specific to the land or building for which the variance is sought, and such conditions do not apply generally to land or buildings in the neighborhood or district in which the property is located.
(b) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Code and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(c) That such necessary hardship has not been created by the appellant.
(d) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare.
(e) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
(2) Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.
(C) Application for variance and appeals.
(1) Any person owning or having an interest in property, after being denied a zoning permit, may file an application to obtain a variance or appeal from the decision of the Building and Zoning Inspector. An application for a variance of appeal shall be field in triplicate with the Building and Zoning Inspector on a form as specified for that purpose. The Building and Zoning Inspector shall forward a copy of the application to the Board of Zoning Appeals within five days from receipt of the completed application.
(2) The application for a variance or an appeal shall contain the following information:
(a) Name, address, and phone number of the applicant.
(b) Legal description of property as recorded in Fayette County Recorder's office.
(c) A map or drawing to approximate scale, showing the dimensions of the lot and any existing or proposed building.
(d) The names and addresses of all property owners within 200 feet, contiguous to, and directly across the street from the property, as appearing on the Fayette County Auditor's current tax list.
(e) Each application for a variance or appeal shall refer to the specific provisions of this chapter which apply.
(f) A narrative statement explaining the following:
1. The use for which variance or appeal is sought.
2. Details of the variance or appeal that is applied for and the grounds on which it is claimed that the variance or appeal should be granted, as the case may be.
3. The specific reasons why the variance or appeal is justified, according to division (B)(1)(a) through (e) of this section.
(D) 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 chapter. 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 chapter and punishable under §§ 156.998 and 156.999 of this chapter.
(E) Public Hearing by the Board. The Board shall hold a public hearing within 30 days after receipt of an application for an appeal or variance from the Building and Zoning Inspector or an applicant.
(F) Notice of public hearing. Before holding the public hearing pursuant to division (E) of this section, notice of such hearing shall be given one or more newspapers of general circulation in the city at least ten days before the date of the hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
(G) Notice to parties of interest. Before holding the public hearing pursuant to division (E) of this section, written notice of such hearing shall be mailed by the Building and Zoning Inspector of the city, by first-class mail, at least ten days before the day of the hearing to all parties of interest. The notice shall contain the same information as required of notice published in newspapers as specified in division (F) of this section. Parties of interest shall include owners and occupants of property within 200 feet from, contiguous to, and directly across the street from the property being considered.
(H) Action by Board of Zoning Appeals. Within 30 days after the public hearing pursuant to division (E) of this section, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in division (D) of this section, or disapprove the request for appeal or variance. if the application is approved, or approved with supplementary conditions, the Board of Zoning Appeals shall make a finding that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure. If the request for appeal or variance is denied, the applicant may seek relief through the Court of Common Pleas. The Board of Zoning Appeals shall transmit a written copy of its decision and findings to the Building and Zoning Inspector, who shall forward such copy to the applicant.
(Ord. 34-90, passed 12-26-90)