The Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of this Code as will not be contrary to the public interest according to the following procedures:
(a) Application Requirements. An application for a variance shall be filed with the Building and Zoning Inspector for review by the Board of Zoning Appeals upon the forms provided, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested variance:
(1) Name, address and phone number of applicant(s);
(2) Proof of ownership, legal interest or written authority;
(3) Description of property or portion thereof;
(4) Description or nature of variance requested;
(5) Narrative statements establishing and substantiating the justification for the variance pursuant to subsection (b) below;
(6) Site plans, floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance;
(7) Payment of the application fee as established by Council;
(8) Any other documents deemed necessary by the Building and Zoning Inspector.
Upon receipt of a written request for variance, the Building and Zoning Inspector shall within a reasonable amount of time make a preliminary review of the request to determine whether such application provides the information necessary for review and evaluation. If it is determined that such application does not provide the information necessary for such review and evaluation, the Building and Zoning Inspector shall so advise the applicant of the deficiencies and shall not further process the application until the deficiency is corrected.
(b) Review by the Board. According to the procedures established for appeals in Section 1109.08(b) the Board shall hold a public hearing and give notice of the same. The Board shall review each application for a variance to determine if it complies with the purpose and intent of this Code and evidence demonstrates that the literal enforcement of this Code will result in practical difficulty. The following factors shall be considered and weighed by the Board in determining practical difficulty:
(1) Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures or conditions;
(2) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(3) Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
(4) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
(5) Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup;
(6) Whether special conditions or circumstances exist as a result of actions of the owner;
(7) Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
(8) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance; and
(9) Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district.
(c) Requests for Additional Information. The Board of Zoning Appeals may request that the applicant supply additional information that the Board deems necessary to adequately review and evaluate the request for a variance.
(d) Additional Conditions and Safeguards. The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the variance applies will be met.
(e) Action by the Board. The Board shall either approve, approve with supplementary conditions as specified in subsection (c) hereof, or disapprove the request for variance according to the procedures established for appeals in Section 1109.08(d). The Board shall further make a finding in writing 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 a variance has been denied by the Board, the-Board need not reconsider the same request for a variance if resubmitted within six months after date of decisions, unless the underlying conditions have substantially changed.
(f) Term and Extension of Variance. Variances shall be nonassignable and shall expire one year from the date of their enactment, unless prior thereto, the applicant commences actual construction in accordance with the granted variance. There shall be no modification of variances except by further consideration of the Board of Zoning Appeals. Requests for renewal of expired variances shall be considered to be the same as an application for a variance and shall meet all requirements for application and review pursuant to this section.
(g) Appeals to Court. Decisions by the Board of Zoning Appeals granting or denying variances shall be final within the City, except that an appeal therefrom may be taken to the Court of Common Pleas of Lake County, Ohio in accordance with the laws of the State of Ohio by any interested party, including the City.
(Ord. 2020-21. Passed 2-18-20.)