(A) Purpose. The issuance of a variance to permit exceptions to, and variance deviation from, the strict interpretation of the applicable regulations contained in this Zoning Code shall be under the authority of the Board of Zoning and Building Appeals. In no case shall the granting of a variance allow a use not permitted under the subject district regulations.
(B) Application procedure.
(1) Application to be made. Written application for a variance shall be made by the property owners or lessees to the Board of Zoning and Building Appeals. (See division (D)(1) of this section.)
(2) Application fee. A fee as stipulated in § 153.045 shall be paid by the applicant to cover the costs of advertising, review, publishing, and reporting of the application, payable to the General Fund.
(3) Application contents. The application for a variance shall contain as a minimum:
(a) Name, address, and phone number of the applicants and representatives, if any, and the signature of the property owners;
(b) A current and accurate legal description of the properties in question and a current survey prepared by a licensed surveyor;
(c) The nature of the variance required to include what provisions of this Zoning Code are affected;
(d) A statement pertaining to and explaining the relation of the variances requested to the criteria for approval as listed under division (C) of this section;
(e) A list of all property owners within, contiguous to, and directly across the street from the properties in question. The list of addresses may correspond to the County Auditor’s current tax list; and
(f) A plot plan to show:
1. Boundaries and dimensions of the property and the size and location of all proposed and existing structures;
2. The nature of the special conditions or circumstances;
3. The proposed use of all parts of the lot and structures;
4. The use of land and location of structures on adjacent properties; and
5. Such additional information as may be required by this Zoning Code and/or requested by the Board and/or Director of Inspection and Engineering to review the application.
(C) Criteria for approval. All relevant factors, including, but not limited to, the following considerations shall be examined in the review, public hearing, and approval of an application for a variance:
(1) Special circumstances or conditions exist which are not applicable to other lands or structures in the same zoning district;
(2) A literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the provisions of this chapter;
(3) Special conditions and circumstances do not result from the actions of the applicant;
(4) The granting of the variance will not confer on the applicant any undue privilege that is denied by this chapter to other lands or structures in the same zoning district;
(5) The granting of the variance will in no other manner adversely affect the public health, safety, convenience, comfort, prosperity, and general welfare;
(6) The granting of the variance is not solely based upon the showing that the property could be put to better economic use than presently permitted by zoning regulations (See Garber v. Joseph Skilken & Co., 293 N.E.2d 333 (Ohio Com. Pl. 1972)); and
(7) The granting of the variance will not permit a use that is otherwise not permitted within the respective zoning district.
(D) Review procedure.
(1) Filing of application. Fifteen copies of a completed application shall be filed with the Director of Inspection and Engineering at least 45 days prior to a regularly scheduled meeting of the Board of Zoning and Building Appeals. Prior to accepting such application, the Director of Inspection and Engineering shall review the submittal and determine whether such application is complete and meets all submittal requirements. Failure to submit a complete application, as determined by the Director of Inspection and Engineering, shall result in a refusal of acceptance.
(2) Public hearing. A public hearing of the Board of Zoning and Building Appeals shall be held within 60 days from the date of the acceptance of a resolution, motion, or complete application to amend this chapter and/or official zoning map. Nothing in this section shall prevent the Board from granting a continuance of the public hearing.
(3) Public notice for hearing. At least one notice shall be given at least ten days prior to a scheduled public hearing in one or more newspapers of general circulation in the village. Such notice shall include the time and place of the public hearing and the nature of the proposed variances.
(4) Notice to property owners. Written notice of the hearing shall be mailed by the village, by certified mail, at least ten days prior to the date of a scheduled public hearing to all property owners as listed under division (B)(3)(e) of this section. The notice shall correspond to division (D)(3) of this section in content.
(5) Procedure at hearing.
(a) Within 35 days of the public hearing, the Board of Appeals shall review the application and render one of the following decisions:
1. Approval of variance as requested;
2. Approval of variance with modifications; or
3. Disapproval of variance.
(b) The Board of Appeals shall apply criteria in division (C) of this section in reaching its determination. In approving a variance, the Board of Appeals may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the variance is approved, shall be deemed a violation of this chapter and punishable as prescribed herein.
(c) The Board of Appeals determination in taking action on a requested variance shall be accompanied by findings of fact and a statement of the reasons for the decision reached.
(E) Appeals relative to signage and off-street parking. An appeal may be filed with the Board of Appeals for relief from the strict enforcement of Zoning Code requirements relative to nonconforming signs and nonconforming surface treatment of off-street parking areas, provided the applicant shows:
(1) The unlawful nonconforming situation has existed a minimum of five years prior to the effective date of this chapter;
(2) Special circumstances or conditions exist which are peculiar to the structures involved and which prevent the applicant from meeting the requirements of this Zoning Code;
(3) Special circumstances or conditions do not result from the actions of the applicant; and
(4) The granting of an appeal will in no other manner adversely affect the public health, safety, convenience, comfort, prosperity, and general welfare.
(F) Issuance of certificate of zoning compliance. Upon approval of the Board of Appeals or upon appeal and approval by Council, and with such conditions attached by either body as may be necessary to secure the objectives of this Zoning Code, the Director of Inspection and Engineering shall issue a certificate of zoning compliance for all approved variances to the applicant within ten days of approval. The requirements relative to expiration in § 153.034 shall apply.
(G) Appeals. Whoever is aggrieved or affected by the decision of the Board of Zoning and Building Appeals involving an application for a variance shall have the right to file an appeal with the Village Council. The appeal shall be filed with the Clerk of Council no later than ten days after the decision of the Board of Appeals. Council shall have a maximum of 60 days for consideration, public hearing, and a decision on the appeal. In reaching a determination on a requested variance appeal by Council, the applicable portions of division (D)(5) of this section shall apply.
(Ord. 96-152, passed 10-7-1996)