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(a) The Board of Zoning Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make any change in the terms of this Zoning Code, but does have power to act on those matters submitted by a party in interest by written application to the Board, where this Zoning Code provides for an administrative review, interpretation or exception and to authorize a variance as defined in this chapter and the laws of the State of Ohio. Such powers include:
(a) Administrative Review. To hear and decide appeals where it is alleged by the applicant that there is an error in any order, requirement, permit, decision or refusal made by the Zoning Inspector or any other administrative official in carrying out or enforcing any provision of this Zoning Code.
(b) Zoning Exceptions. To hear and to decide, in accordance with the provisions of this Zoning Code, requests for exceptions, interpretations of the Zoning Map and other situations on which this Zoning Code specifically authorizes passage by the Board. Any exception permit shall be subject to such conditions as the Board may require to preserve and to promote the character of the zoning district in question and otherwise to promote the purposes of this Zoning Code. Exception permits may be issued in the following instances:
(1) To vary the side, front and rear yards no more than fifty percent (50%) of the required setbacks where there are unusual and practical difficulties in meeting the required setbacks due to the irregular shape of a lot or topographical or other conditions, provided such variations will not detrimentally affect any adjoining property or the general welfare.
(2) To permit accessory buildings and swimming pools in a required side yard, provided such location will not detrimentally affect any adjoining property or the general welfare.
(c) Hardship Variances.
(1) To authorize, upon an appeal, a variance from the strict application of the provisions of this Zoning Code in the following instances:
A. To permit a temporary building in a residence district for commerce or industry that is incidental to the residential development, such permit to be issued for a period of not more than one year, subject to renewal by the Board upon proper application.
B. To permit the reconstruction, within twelve months, of a building located in a district restricted against its use which has been destroyed by fire or calamity to the extent of not more than seventy- five percent (75%) of its assessed value.
C. To permit the extension of a use district for a distance of not more than twenty-five feet, where the boundary line of a district divides a parcel of land.
D. To permit the erection and use of a building or the use of premises in a location to a public service corporation or for a public utility purpose which the Board finds reasonably necessary for the public convenience or welfare.
E. To waive or to reduce the parking and loading requirements in any of the districts whenever the character or use of the building is such as to make unnecessary the full provision of parking or loading facilities, or where such regulations would impose an unreasonable hardship on the use of the lot, as contrasted with merely granting an advantage or a convenience.
F. To permit lots that were of record at the time of the passage of the Zoning requirements or of a redistricting amendment thereof and which contain less area or less width than the dimensional standards of the dwelling district in which they are located, to be used for single-family dwellings and to vary the side yard regulations for such lots, but only when the owner or owners of such lots furnish substantial proof of the inability to acquire or to acquire at a reasonable price, additional land adjoining the lot which would be necessary to provide the required lot area and width. (Ord. 28-08. Passed 9-8-08.)
G. To permit a variation in the minimum lot area, front, side and rear setback lines, height, stories and minimum floor area of any district when there are substantial practical difficulties in implementing the provisions of this Zoning Code.
(Ord. 02-13. Passed 2-11-13.)
(2) The Board shall have no power to allow a change of use to one not permitted in the district.
(3) In granting a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed use as it may deem reasonable in furtherance of the purposes of this Zoning Code. Such appeals may be taken after initial application to the Zoning Inspector for a permit or, where it is apparent that such would be vain and useless, may be made by initial application to the Board. In either event, the procedural provisions of this chapter shall apply and be followed. The Board shall grant such hardship variance only if the Board finds that all of the following conditions exist:
A. The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not apply generally to other land or buildings in the vicinity.
B. The granting of the application is necessary for the preservation and enjoyment of a substantial property right and not merely to serve as a convenience to the applicant.
C. The condition from which relief or a variance is sought did not result from action by the applicant.
D. The authorizing of a variance will not impair an adequate supply of light and air to adjacent property; unreasonably increase the congestion in public streets; increase the danger of fire or imperil the public safety; or unreasonably diminish or impair established property values within the surrounding areas, or in any other respect impair the health, safety, convenience, or general welfare of the inhabitants of the Municipality.
(Ord. 28-08. Passed 9-8-08.)