The Board of Zoning Appeals (Board) is established by the Municipal Charter and is an administrative appeal body of a quasi-judicial nature. The Board also grants variances to requirements of the zoning code or other sections of Title XV, Land Usage as permitted by these regulations.

(Ord. 2022-25, passed 3-21-2022)

   The Board of Zoning Appeals shall have the following powers and it shall be its duty:

   (A)   To hear and decide appeals of a decision or determination made by the Zoning Inspector or other decision maker in the interpretation of this zoning code or other provisions of Title XV, Land Usage.

   (B)   To hear and authorize such variances from the provisions or requirements of Title XV, Land Usage, in accordance with these regulations.

   (C)   To make a determination of boundary lines between zoning districts on the official Zoning Map when the street or the lot layout differs from the map.

   (D)   Grant an extension to a zoning permit to begin construction, complete construction or both if there is just cause.

(Ord. 2022-25, passed 3-21-2022)

   (C)   The Secretary for the Board shall notify the applicant advising them of the date, time, and place of the hearing.

      (1)   Failure of the applicant or a representative shall result in postponement or denial of the request.

   (D)   In the course of its review, the Board may call upon municipal staff or may refer the application to one or more expert consultants qualified to advise and provide evidence related to the application or appeal. If necessary, the applicant shall be advised in advance of external consultant review and acknowledge that all costs associated shall be borne by the application.

(Ord. 2022-25, passed 3-21-2022)

   (A)   An appeal to the Board may be taken by any aggrieved party affected by the decision of the Zoning Inspector or other municipal decision maker.

   (B)   An application for appeal must be filed within 20 days after the decision of the Zoning Inspector or other decision maker specifying the grounds thereof for the appeal being transmitted to the Board. The Zoning Inspector shall transmit to the Board all records and evidence of which was the basis of original decision being appealed.

   (C)   The Board shall use reasonable judgement in deciding an appeal considering the intent of the zoning code or other regulations, the facts and evidence and the interests of both the municipality and the applicant.

   (D)   The Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination appealed from and shall make such order, requirement, decision, or determination as in its opinion and shall have all powers of the Zoning Inspector from whom the appeal is taken.

(Ord. 2022-25, passed 3-21-2022)

   (A)   An application for a variance shall be filed on forms approved by the Zoning Inspector. Incomplete applications shall not be set for hearing until all requested information has been provided.

   (B)   The Board may grant a variance if there is a finding of unnecessary hardship or practical difficulty based on the strict application of the zoning code and only if all the following findings are made:

      (1)   That there are unique physical circumstances or conditions, including irregularity, narrowness, or depth of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of the zoning chapter in the neighborhood or district in which the property is located.

      (2)   The granting of the variance is necessary and is not for the convenience of the property owner, but to preserve the use of the property to yield a reasonable return on property and not infringe on property rights.

      (3)   That such unnecessary hardship has not been willfully created by the applicant.

      (4)   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 of development of adjacent property, nor be detrimental to the public welfare.

      (5)   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.

      (6)   The Board shall give due regard to the nature and condition of adjacent uses and may impose conditions as part of its granting of a variance to protect adjacent properties and the health, safety, and welfare of the municipality.

   (D)   A variance shall expire if not acted on within two years and may be revoked by the Board if any of the conditions of approval are violated. An extension of one year may be granted for just cause at the discretion of the Board.

(Ord. 2022-25, passed 3-21-2022)

   (A)   A certified copy of the Board's decision shall be transmitted to all parties in interest. Such decision shall be binding upon the Zoning Inspector or other decision maker and shall be incorporated into the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.

   (B)   Any interpretation of the zoning code or official Zoning Map, made by the Board shall be deemed the official interpretation from that point forward. The final interpretation shall be recorded and provided to the Planning Commission and Council.

   (C)   Any party adversely affected by a decision of the Board may appeal to the Court of Common Pleas of the county, on the grounds that the decision was unreasonable or unlawful.

(Ord. 2022-25, passed 3-21-2022)