The intent of this chapter is to provide a procedure to grant variances from the terms of the zoning title in specific cases where it is found that the granting of the variance will not be contrary to the public interest and where, because of special conditions with respect to the lot, a literal enforcement of the provisions of the zoning title would result in unnecessary hardship.

(Ord. 298 § 1 (part) (11.02.310), 1997)

An application for a variance shall be filed with the zoning officer under the following conditions:

A.

The application shall include, but not be limited to the following:

1.

A legal and general description of the tract upon which the variance is sought;

2.

The name and address of the owner of the land subject to the variance application, and his or her agent, if any. Applications must be signed by the owner(s).

B.

The applicant shall submit a dimensioned site plan and improvements survey of the property for which the application is submitted and its relationship to adjoining property which shall be certified by a registered land surveyor and shall include the following information:

1.

The location and dimension of all vehicular points of ingress and egress, drives, off-street parking spaces, channelizations and traffic circulation; and

2.

The location and size of all existing and proposed buildings, structures and improvements; and

3.

The existing buildings, structures and improvements shall be labeled as such and indicated by a dashed or dotted line.

C.

The application shall state reasons why the variance is being sought.

D.

The application must be submitted at least fifteen (15) days prior to a meeting of the board of adjustments.

E.

The application must be accompanied by the payment of applicable fees as set forth in Chapter 17.116 for the purpose of defraying expenses related to the proceedings. No application will be regarded as having been filed until such fee has been paid.

F.

An application for a variance may be withdrawn or amended by the applicant prior to the legal advertising as required by this chapter if the request is submitted in writing and signed by the owner(s). The board of adjustment may, by a two-thirds vote of all members, allow the application to be resubmitted without prejudice with respect to limitations of this chapter.

(Ord. 298 § 1 (part) (11.02.311), 1997)

The zoning officer, upon receiving an application for a variance, shall do the following:

A.

Consult with other departments of the city or county to fully evaluate the impact of the uses contemplated under the variance application upon public facilities and services;

B.

Study each application with reference to its appropriateness and effect on existing and proposed land uses and its compatibility with the Columbus area master plan;

C.

Place notice of the time, date and place for the public hearing in a newspaper of general circulation fifteen (15) days in advance of the date set for the public hearing;

D.

Notify the owner(s) of the property, or his or her agent, of the time, date and place of the public hearing fifteen (15) days in advance of that date;

E.

Notify the property owners, by mail, within one hundred fifty (150) feet of the exterior boundaries of the property subject to the variance application of the time, date and place of the public hearing and the proposed use at least fifteen (15) days prior to the public hearing. The zoning office may notify property owners within a radius of more than one hundred fifty (150) feet if he or she determines that the proposed use of the property would likely have a substantial impact on the surrounding land uses;

F.

Place a notice of the time, date and place of the public hearing on the property fifteen (15) days prior to the hearing date;

G.

Report his or her findings, in writing, to the board of adjustment, which report shall be a matter of public record.

(Ord. 298 § 1 (part) (11.02.312), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)

The board of adjustment shall hold a hearing for each application for a variance, appeal or modification. The hearing shall be held at an appointed time and place within forty-five (45) days of the date of application. Testimony shall be taken by the board from persons interested in the application. Notice of hearing shall be published once in a newspaper of general circulation within the city at least fifteen (15) days prior to the hearing date. A notice will be posted on the proposed site of the variance for fifteen (15) days prior to the hearing, giving notice that application for a variance has been filed on the property, giving the hearing date and hearing location, and a telephone number for further information.

(Ord. 298 § 1 (part) (11.02.313), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)

The board of adjustment before it grants a variance shall determine:

A.

That special conditions and circumstances exist which are peculiar to the land, the lot, or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district;

B.

That a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other tracts in the same district;

C.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other land in the same district;

D.

That the granting of the variance will be in harmony with the general purpose and intent of this title and with the Columbus area master plan;

E.

In granting any variance, the board may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this title;

F.

The board shall prescribe a time limit within which the action for which the variance is required shall begin or be completed, or both. Failure to begin or complete such action within the specified time limit shall void the variance;

G.

Under no circumstances shall the board grant a variance to allow a use not permissible under the terms of this title in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other property in the district.

(Ord. 298 § 1 (part) (11.02.314), 1997)

Any approval under this chapter shall be subject to the terms of the conditions designated in connection therewith. Lawful conditions stated in the approval are deemed necessary to protect the public health, safety, morals and general welfare, which conditions may include:

A.

A time period within which the proposed structures shall be erected;

B.

Requiring landscaping and maintenance thereof;

C.

Requiring the surfacing and marking of off-street parking and loading areas;

D.

Any other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purpose set forth in this chapter.

(Ord. 298 § 1 (part) (11.02.315), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)

The city clerk shall cause variances approved by the board of adjustment to be recorded in the office of the county clerk and recorder.

(Ord. 298 § 1 (part) (11.02.316), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)