Zoning Resolution Article 7
PROCEDURES AND REQUIREMENTS FOR APPEALS AND VARIANCES
Appeals and variances shall conform to the procedures and requirements of 7.1 to 7.11 inclusive, of this resolution. The Board of Zoning Appeals has appellate jurisdiction relative to appeals and variances.
Appeals to the Board of Zoning Appeals concerning interpretation or administration of this resolution may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the township affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty days after the decision by filing, with the Zoning Inspector and with the Board of Zoning Appeals, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.
7.2 Stay of Proceedings
An appeal stays all actions by the Zoning Inspector seeking enforcement of or compliance with the order or decision appealed from, unless the Zoning Inspector certifies to the Board of Appeals that (because of facts stated in the certificate) a stay would, in his opinion, cause imminent peril to life or property. In that case, proceedings shall not be stayed except by order of the Board of Appeals or a court, issued on application of the party seeking the stay, for due cause shown, after notice to the Zoning Inspector.
A variance may be granted by the Board of Appeals, if it concludes that strict enforcement of the resolution would result in unnecessary hardships in the case of use variances for the applicant and that by granting the variance, the spirit of the resolution will be observed, public safety and welfare secured, substantial justice done and that the variance will not be contrary to the public interest. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this resolution would result in unnecessary hardship in the case of a use variance or practical difficulties in the case of an area variance.
7.4 Application and Standards for Variances
Except as otherwise permitted in this resolution, no variance in the strict application of the provisions of this resolution shall be granted by the Board of Zoning Appeals, unless the board shall find that the written application for the requested variance contains all of the following requirements:
1. Name, address and phone number of applicant(s);
2. Legal description of property;
3. Description or nature of variance requested;
4. A fee as established by resolution;
5. Narrative statements establishing and substantiating that the variance conforms to the following standards:
a. The granting of the variance shall be in accordance with the general purpose and intent of the regulations imposed by this resolution on the district in which it is located and shall not be injurious to the area or otherwise detrimental to the public welfare.
b. The granting of the variance will not permit the establishment of any use which is
expressly excluded from the district.
c. There must exist special circumstances or conditions, fully described in the findings, applicable to the land or buildings for which the variance is sought, which are peculiar to such land or buildings and do not apply generally to land or buildings in the area and which are such that the strict application of the provisions of this resolution would deprive the applicant of the reasonable use of such land or building. Mere loss in value shall not justify a variance; there must be deprivation of beneficial use of land.
d. There must be proof of hardship created by the strict application of this resolution. It is not sufficient proof of hardship to show the greater profit would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created; nor can it be established on this basis by one who purchases with or without knowledge of the restrictions; it must be suffered directly by the property in question; and evidence of variances granted under similar circumstances need not be considered.
e. The granting of the variance is necessary for the reasonable use of the land or building and the variance as granted is the minimum variance that will accomplish this purpose.
f. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety or substantially diminish or impair property values of the adjacent area.
g. The granting of the variance requested will not confer on the applicant any special privilege that is denied by this resolution to other lands, structures or buildings in the same district.
7.5 Additional Conditions and Safeguards
The board may further prescribe any conditions and safeguards that it deems necessary to insure that the objectives of the regulations or provisions to which the variance applies will be met. Any violation of such conditions and safeguards, when they have been made a part of the terms under which the variance has been granted, shall be deemed a punishable violation under this resolution.
7.6 Public Hearing by the Board of Zoning Appeals
The Board of Zoning Appeals shall hold a public hearing within thirty (30) days after the receipt of an application for an appeal of variance from the Zoning Inspector or an applicant.
7.7 Notice of Public Hearing in Newspaper
Before conducting the public hearing required in Section 7.6, notice of such hearing shall be given in one or more newspapers of general circulation in the township at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.
7.8 Notice to Parties in Interest
Before conducting the public hearing required in Section 7.6, written notice of such hearing shall be mailed by the Secretary of the Board of Zoning Appeals, by first class mail, at least ten (10) days before the day of the hearing to all parties in interest. The notice shall contain the same information required of notices published in newspapers as specified in Section 7.7.
7.9 Action by Board of Zoning Appeals
Within thirty (30) days after the public hearing required in Section 7.6, the Board of Zoning Appeals shall either approve, approve with supplementary conditions or disapprove the request for appeal or variance. The Board of Zoning Appeals shall maintain minutes containing reasons for the decision, containing its conclusions of fact and reasons for granting or refusing to grant the variance or for sustaining or denying the appeal. Appeals from the board’s decision shall be in accordance with Chapter 2506, Ohio Revised Code.
7.10 Terms of Variance
No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than twelve (12) months from the date of such order unless the building permit or zoning approval is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.