An appeal of an administrative decision or interpretation shall be entertained by the Planning Commissioner only if formal action has been taken by the Zoning Inspector or other City Official with regard to an application for a Zoning Permit, the issuance of a stop order, a specific referral, a notice of violation, or some similar action provided that:

   (a)   The application for appeal from a decision shall be filed with the Zoning Inspector within thirty (30) days of the alleged adverse decision.

   (b)   The application for appeal shall include reference to the decision and provision of this Zoning Ordinance from which the appeal or variance is sought and the grounds thereof.

   (c)   The applicant for an appeal shall submit an application fee and deposit for administrative and advertising costs as established by Council.

   (d)   Every appeal of an interpretation shall refer to the specified provision of this Zoning Code involved and shall exactly set forth the interpretation that is claimed.

   (e)   All appeals and applications made to the Commission shall be in writing and on the forms prescribed therefore.

   (f)   An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Planning Commission, after notice of appeal has been filed with him, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property or that because the violation charge is transitory in nature, a stay would seriously interfere with the enforcement of the Zoning Ordinance, in which case, proceedings shall not be stayed other than by a restraining order, which may be granted by the Commission or by a court of record to whom an appeal has been made.

   (g)   The Commission shall decide all appeals of Administrative Decisions within thirty (30) days after the date of hearing, except that such time may be extended by mutual consent.

(Ord. 98-12. Passed 4-7-98; Ord. 2023-20. Passed 6-14-23.)

   (a)   A variance from the terms of this Zoning Ordinance may be authorized in specific cases upon appeal, if the Planning Commission determines that it will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in undue and unnecessary hardship or a practical difficulty and that the variance will maintain the spirit of this Ordinance.

   (b)   Any application for a variance shall be submitted on special forms supplied for that purpose and shall contain:

      (1)   Site plan, plot plan, or development plan of the entire property being considered, drawn to reasonable scale and showing the location of all abutting streets, names and addresses of all adjacent and abutting property owners, the location of all existing and proposed structures and the types of buildings and their uses on the subject property, and dimensions of all properties and buildings, and the location of structures on adjacent property within one hundred (100) feet of the proposed use or structure.

      (2)   A statement of justification providing substantiating evidence regarding the required findings set forth in Section 1151.06.

      (3)   A fee as set by Council.

(Ord. 98-12. Passed 4-7-98; Ord. 2023-20. Passed 6-14-23.)

   When a notice of appeal or application for a variance has been filed in proper form with the Zoning Inspector, he shall forward same to the Planning Commission. The Commission shall immediately place the request upon the calendar for hearing and shall cause notice to be given stating the time, place, and object of the hearing. Notice is to be given by written notice sent by first class mail, addressed to the parties making the request for appeal or variance and the owners of all property contiguous to and directly across the street from the property for which a deviation from this Zoning Ordinance is requested, at least ten (10) days prior to the date of the scheduled hearing and by posting on the Village website and on the bulletin board at Village Hall at least ten (10) days before the date of such hearing. The Commission, at its discretion, may send out further notices to publicize such hearings. The Commission may recess such hearings from time to time and, if the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required.

(Ord. 98-12. Passed 4-7-98; Ord. 2023-20. Passed 6-14-23.)

   (a)   When considering a request for a variance, the Planning Commission shall be subject to the powers and limitations previously set forth and further subject to the required findings set forth herein.

   (b)   No variance to the provisions or requirements of the Zoning Ordinance shall be granted by the Commission unless the Commission has determined by clear and convincing evidence that a practical difficulty does exist or will result from the literal enforcement of the Zoning Ordinance. The factors to be considered and weighed by the Commission in determining whether a property owner, seeking an area or setback variance, has proved practical difficulty include:

      (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 government services (i.e., water, sewer, garbage, fire, police, or other);

      (5)   Whether the property owner purchased the property with the knowledge of the zoning restriction;

      (6)   Whether the property owner's predicament 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 the granting of the variance;

      (8)   Whether the granting of the variance will be contrary to the general purpose, intent and objective of the Zoning Ordinance or other adopted plans of the Village;

      (9)   Whether the variance requested arises from a condition which is unique and which is not generally shared by other properties in the same zoning district, and which is created by the Zoning Ordinance and not by any action or actions of the property owner or the applicant; and

      (10)   Whether the variance desired will adversely affect the public health, safety, morals or general welfare.

(Ord. 98-12. Passed 4-7-98; Ord. 2023-20. Passed 6-14-23.)

   Under no circumstances shall the Planning Commission grant a variance to allow a use within a district where such use is specifically not permissible within said district under the terms of this Zoning Ordinance. Nor shall the Commission authorize establishment within a district of any use which is expressly or by implication prohibited by the terms of this Ordinance in said district.

(Ord. 98-12. Passed 4-7-98; Ord. 2023-20. Passed 6-14-23.)

   (a)   In granting a variance the Planning Commission may attach thereto such conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable in furtherance of the purposes of this Zoning Ordinance. Violation of such conditions and safeguards when made a part of the terms under which the variance is granted, shall be deemed a violation of this Ordinance and punishable under Section 1147.02.

   (b)   A certified copy of any decision of the Planning Commission shall be transmitted to the applicant or appellant, the Zoning Inspector and the Village Administrator by the Secretary of the Commission. Such decision shall be binding. The Zoning Inspector shall incorporate such terms and conditions as may be set by the Commission in any permit or certificate to the applicant or appellant, whenever a permit is authorized by the Commission.

   (c)   No application or appeal which has been denied wholly or in part by the Commission shall be resubmitted until the expiration of one (1) year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration, as determined by the Commission.

(Ord. 98-12. Passed 4-7-98; Ord. 2023-20. Passed 6-14-23.)

   Appeals to the Common Pleas Court may be taken by any person, firm, or corporation aggrieved, or by any officer, department, board, or bureau of the Village of Doylestown, Ohio affected by any decision of the Planning Commission, provided such appeals shall be taken within thirty (30) days after the decision of the Planning Commission is filed in the office of the Zoning Inspector.

(Ord. 98-12. Passed 4-7-98; Ord. 2023-20. Passed 6-14-23.)