Editor's note— Ord. No. 0455-2010, § 132, adopted May 5, 2010, repealed § 3307.02 in its entirety. Former § 3307.02 pertained to duties of development commission relating to zoning, and derived from Ord. 185-94 and Ord. 545-03 § 3.

A board of zoning adjustment consisting of five members is hereby created. Members shall be appointed by the mayor for a term of three years and shall be residents of Franklin County or a county abutting Franklin County. The majority of board members shall be residents of the city of Columbus. The term of each board member shall continue until a successor is appointed. The mayor may remove any board member for incompetence, neglect of duty, malfeasance, or misconduct in office. Vacancies caused by death, resignation or otherwise shall be filled for the unexpired term in the same manner as original appointments are made.

Appointments shall be made so at least three members are actively engaged as an architect, attorney, building contractor, professional engineer, real estate broker, or mortgage banker. Members shall be paid for board service in accordance with the administrative salary ordinance.

(Ord. 2134-92; Ord. No. 0127-2019, § 1, 2-4-2019; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

The board of zoning adjustment shall adopt rules necessary to conduct its affairs in keeping with the provisions of this Zoning Code and the 2024 Zoning Code. Three members shall constitute a quorum for the purpose of conducting business.

The concurring vote of three members shall be necessary to reverse or modify any order, requirement, decision or determination; to grant a variance or special permit or to take any other action authorized by this chapter and such action shall be final. Whenever a quorum is present and an applicant fails to obtain at least three votes in favor of an appeal, variance or special permit then the order, requirement, decision or determination appealed from shall be deemed affirmed or the variance or special permit deemed denied and such action shall be final.

(Ord. 415-86.; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

The board of zoning adjustment shall hear and decide appeals from any persons affected by any order, requirement, decision or determination made by the director in the administration or enforcement of this Zoning Code and the 2024 Zoning Code, except for those matters subject to the jurisdiction of the graphics commission or the board of commission appeals, or as otherwise provided for in this Zoning Code or the 2024 Zoning Code. The board shall also hear and decide requests for special permits and variances (except for those under the jurisdiction of city council, the graphics commission, or the board of commission appeals) and any other matter which it is required to consider under this Zoning Code or the 2024 Zoning Code.

(Ord. 377-95; Ord. 1272-01 § 1 (part); Ord. 628-02 § 19.; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

The board of zoning adjustment shall have the power:

A.

To grant special permits for uses listed in Chapter 3389 and the 2024 Zoning Code as applicable where it is shown that the special use can be granted without substantial detriment to the public good, without substantial impairment of the general purpose and intent of the zoning district in which the use is proposed to be located, and without significant incompatibility with the general character of the neighborhood.

B.

To grant special permits for the relocation or expansion of nonconforming uses for parcels governed by this Zoning Code, where it can be shown that the relocation or expansion of the nonconforming use can be granted without substantial impairment of the general purpose and intent of the underlying zoning district, and without significant incompatibility with the general character of the neighborhood. No expansion of a nonconforming use shall exceed 50 percent of the total floor area the original nonconforming use occupied.

C.

To impose such requirements and conditions regarding the location, character, and other features of the proposed uses or structures as the board deems necessary to carry out the intent and purpose of the Zoning Code, or the 2024 Zoning Code as applicable, and to otherwise safeguard the public safety and welfare.

D.

Upon application by the city attorney, to revoke any special permit whose condition has been violated after notice and opportunity to conform have been given.

(Ord. 2668-80; Ord. No. 2323-2012, § 2, 12-10-2012; Ord. No. 1501-2022, § 2, 6-13-2022; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

The board of zoning adjustment shall hear appeals upon application and within such time as shall be set by rule of the board. The board may reverse, affirm, or modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination, as in its opinion and consistent with this Zoning Code, or the 2024 Zoning Code as applicable, ought to be made and to that end shall have the powers of the office from which the appeal is taken.

The board shall not entertain any appeal applied for more than 20 days after the date of the order, requirement, decision or determination appealed from or within such different time as may be specifically provided in this Zoning Code or the 2024 Zoning Code.

(Ord. 1627-79.; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

Requests for variances from this Zoning Code or the 2024 Zoning Code (except those to be considered by the graphics commission) shall be heard and decided by the city council or the board of zoning adjustment as permitted under the provisions of this chapter.

The department shall submit recommendations within such time as provided by rule of the body hearing the request. The department is authorized to request and receive reports from the various city departments as to their opinions concerning the effect of any variance on their operation and administration, and to compile such reports into the department's recommendation concerning the variance request.

(Ord. 185-94; Ord. 1272-01 § 1 (part); Ord. No. 0455-2010, § 21, 4-5-2010; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

A.

The board of zoning adjustment shall have the power, upon application, to grant variances from the provisions and requirements of this Zoning Code and the 2024 Zoning Code (except for those under the jurisdiction of the graphics commission and except for use variances under the jurisdiction of the council). No variance shall be granted unless the board finds that the applicant has demonstrated practical difficulties that unreasonably deprive the applicant of the permitted use of the property. The board shall weigh the following factors in determining whether the applicant has encountered practical difficulties in the use of the property.

1.

Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.

2.

Whether the variance is substantial.

3.

Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance.

4.

Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, refuse service).

5.

Whether the property owner purchased the property with knowledge of the zoning restriction.

6.

Whether the property owner's predicament feasibly can be obviated through some method other than a variance.

7.

Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.

B.

In granting a variance, the board may impose such requirements and conditions regarding the location, character, and other features of the proposed uses or structures as the board deems necessary to carry out the intent and purpose of this Zoning Code and the 2024 Zoning Code and to otherwise safeguard the public safety and welfare.

C.

Nothing in this section shall be construed as authorizing the board to affect changes in the zoning map or to add to the uses permitted in any district.

(Ord. No. 3026-2016, § 1, 12-12-2016; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

Editor's note— Ord. No. 3026-2016, § 1, adopted Dec. 12, 2016, amended § 3307.09 in its entirety to read as set out herein. Former § 3307.09 pertained to variances by board and derived from Ord. 415-86.

City council may grant the following zoning variances:

A.

Permit a variation in the yard, height or parking requirements of any district only in conjunction with a change in zoning or a use variance and only where there are unusual and practical difficulties in the carrying out of the zoning district provisions due to an irregular shape of lot, topography, or other conditions, providing such variance will not seriously affect any adjoining property or the general welfare.

B.

Permit a use of the property not permitted by the zoning district established on the property if such use will not adversely affect the surrounding property or surrounding neighborhood and if council is satisfied that the granting of such variance will alleviate some hardship or difficulty which warrants a variance from the comprehensive plan.

Before authorizing any variance from this Zoning Code or the 2024 Zoning Code, in a specific case, city council shall first determine that such variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the city.

In granting a variance pursuant to this section, council may impose such requirements and conditions regarding the location, character, duration, and other features of the variance proposal as council deems necessary to carry out the intent and purpose of this Zoning Code or the 2024 Zoning Code and to otherwise safeguard the public safety and welfare.

C.

Permit a substitution of a nonconforming use if the new use is sufficiently similar to the existing use, and if the new use will be no less compatible with surrounding uses than the existing use, and if the new use meets applicable regulations set forth in Chapter 3391.

D.

Permit an expansion over 25 percent of the total floor area originally occupied by a Pre-Existing Use for a property with a 2024 Zoning Code district designation within the exceptions and provisions set forth in the 2024 Zoning Code.

(Ord. 690-89; Ord. No. 2323-2012, § 3, 12-10-2012; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

Any application for an appeal, special permit, or variance shall be submitted on a form provided for that purpose and filed with the department. Any required fees shall be paid as provided by this Zoning Code, the 2024 Zoning Code, or other ordinances of council. Applications may include more than one lot or parcel of land, provided that all such lots or parcels are contiguous to each other and located within the city. For the purpose of this section, lots or parcels separated only by a public highway, street or alley are considered contiguous.

(Ord. 185-94; Ord. 1272-01 § 1 (part); Ord. No. 0455-2010, § 22, 4-5-2010; Ord. No. 2111-2024, § 1(Att.), 7-29-2024)

A.

Upon submittal of each application, the subject property shall be posted in the manner as prescribed by the Director in addition to all other forms of notice.

B.

Before any meeting at which a request for a variance or special permit will be heard or decided, notice of the time and place of such meeting shall be sent by mail to the applicants, all the owners of any parcel or parcels which are the subject of the proposed variance or special permit, and all the owners of properties within 125 feet of the exterior boundaries of the subject parcel or parcels. All such meetings shall be held on such dates and at such times as provided for by rule of the governing body.

C.

Written notice of city council's public hearing on a proposed ordinance to grant a variance shall be given as provided in C.C. 111.33.

D.

In the event the applicant secures permission from city council or the zoning committee chairperson to reschedule the public hearing after notices have already been mailed by the city clerk, applicant shall pay a service fee of $50.00 to cover the cost of handling and mailing up to 50 copies of a subsequent notice plus $1.00 for each copy handled and mailed in excess of 50. The city clerk shall assess such fee which shall be payable to the city treasurer.

E.

The city clerk shall notify persons identified in subsection a of the hearing on a proposed ordinance to grant a variance which is rescheduled or tabled unless said ordinance was tabled or rescheduled during the original hearing to a specific date for hearing before council.

(Ord. 184-94; Ord. 1132-2008 Attach. (part); Ord. No. 1501-2022, § 3, 6-13-2022)