(a)   The Board of Zoning Appeals is authorized to act as provided in Ohio R.C. 713.11 and shall have all the powers and duties prescribed by law, the Charter of the City of Kirtland, and the Planning and Zoning Code.

   (b)   For the purpose of this Planning and Zoning Code, the Board of Zoning Appeals shall have the following powers and duties:

      (1)   To hear and decide appeals. The Board of Zoning Appeals shall hear and determine all appeals from any decision or action made by the Zoning Inspector, or by any administrative officer, except determinations of the Planning and Zoning Commission, on matters relating to this Planning and Zoning Code, for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits, and then to decide appeals by either reversing, affirming wholly or in part or modifying such order, requirement, decision or determination.

      (2)   To authorize variances from the terms of this Planning and Zoning Code. When practical difficulties or unnecessary hardships, depending on the type of variance sought, result through the strict and literal interpretation and enforcement of the provisions hereof, the Board of Zoning Appeals shall have authority, subject to Article III, Section 3 of the Charter, to grant upon such conditions as it may determine, such variances from the provisions of the Planning and Zoning Code as may be in harmony with its general purpose and intent, so that the spirit of the Planning and Zoning Code shall be observed, public safety and welfare secured and substantial justice done.

      (3)   To authorize a variance for nonconforming uses according to the criteria set forth in Chapter 1282.

      (4)   To retain the services of technical experts and such other persons as may be required to perform its duties.

      (5)   To hear and decide all matters specifically referred to it for decision such as district boundary lines and other sections of this Planning and Zoning Code.

      (6)   To adopt rules and regulations, provided they are not in conflict with this Planning and Zoning Code or the Charter of the City of Kirtland, for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of its powers.

      (7)   To compel and require the attendance of witnesses by power of subpoena, to administer oaths, to compel testimony, to produce reports, findings and other evidence pertinent to any issue referred to it for decision.

(Ord. 08-O-37, passed 12-1-2008)

   (a)   Meetings and hearings. The Board may schedule regular monthly meetings or as called by the Chairman. Special hearings can be arranged at the call of the Chairman.

   (b)   Record of decisions.

      (1)   The Board is authorized to engage the services of a clerk, and shall provide a report of all its proceedings, setting forth its decision, the vote of each member participating therein and the absence of a member or his or her failure to vote.

      (2)   Any permit authorized or issued pursuant to any decision of the Board shall have incorporated therein any special conditions prescribed by the Board and a statement that the permit is subject to revocation for failure to comply with any of the conditions so prescribed.

(Ord. 08-O-37, passed 12-1-2008)

   (a)   Appeals to the Board of Zoning Appeals may be taken by any person, firm, or corporation, or by any officer, board, or department of the city, deeming himself or herself or itself to be adversely affected by any decision or action of the Zoning Inspector or by any administrative officer deciding matters relating to this Planning and Zoning Code.

      (1)   Initiation of appeal. A notice of appeal shall be filed with the Clerk of the Board of Zoning Appeals within 20 calendar days after the date of any adverse order, requirement, decision, or determination and shall be accompanied by payment of the required fee as set forth in § 1264.11. The written notice of appeal shall specify therein the grounds and reasons for the appeal. Upon the filing of any such appeal, the Clerk shall forthwith notify the Zoning Inspector of the action so appealed. Within three working days, the Zoning Inspector shall transmit to the clerk all data pertaining to the subject matter upon which the action so appealed was taken. Nothing herein contained shall extend the time for the filing of an appeal of any adverse order, requirement, decision, or determination to the Board of Zoning Appeals.

      (2)   Public hearing by the Board. When a notice of appeal has been filed in proper form with the Board of Zoning Appeals, the Clerk shall place the request upon the calendar for hearing, and shall cause notices stating the time, place, and object of the hearing to be served personally or by mail, addressed to the parties making the request for appeal, variances, or exception at least ten days prior to the date of the scheduled hearing. All notices shall be sent to addresses given in the application; otherwise to the addresses given in the last assessment roll. Not less than ten days prior to the date set for such hearing or appeal, written notice of the hearing shall be caused by the Board to be given by first class mail to any person, firm, or corporation owning premises located within 300 feet of the property line of the property to which the appeal or application relates. Failure of delivery of the notice shall not invalidate action taken on the application. Further notice shall be given in one or more newspapers of general circulation in the city at least ten days before the date of the public hearing. The Board may recess the 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. Any person in interest may appear at the public hearing in person or by attorney. The appellant, except the municipality, shall, in addition to the standard filing fees, post security in an amount determined by the Zoning Inspector, subject to approval by the Board of Zoning Appeals, for the cost of all action required for the hearing of the appeal.

      (3)   Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector shall certify to the Board of Zoning Appeals after the notice of the appeal has been filed, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by a court having lawful jurisdiction.

      (4)   Decision of the Board. Within its powers, the Board of Zoning Appeals may, by a favorable vote of three or more members, reverse or affirm, wholly or in part, or otherwise modify the decision or order appealed from and incorporate or attach such conditions as it may reasonably determine appropriate thereto. To that end, the Board of Zoning Appeals shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of a certificate. The Board shall render a decision on the appeal without unreasonable delay.

      (5)   Notification of Board's decision. The Clerk of the Board shall notify the appellant in writing of the decision of the Board. The Board shall keep minutes of all proceedings upon appeal, showing the vote of each member thereon, and shall keep records of its official actions. The Board of Zoning Appeals shall advise City Council and the City Planning and Zoning Commission, in writing, via the meeting minutes or, if directed by the Chairman, special notification, of actions taken pursuant to Article III, § 3 of the Charter.

(Ord. 08-O-37, passed 12-1-2008)

   The Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of this code as will not be contrary to the public interest according to the following procedures:

   (a)   Application requirements.

      (1)   An application for a variance shall be filed with the Zoning Inspector for review by the Board of Zoning Appeals upon the forms promulgated and provided by the Board, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested variance:

         A.   Name, address and phone number of applicant(s);

         B.   Proof of ownership, legal interest or written authority;

         C.   Description of property or portion thereof;

         D.   Description or nature of variance requested;

         E.   Narrative statements establishing and substantiating the justification for the variance pursuant to § 1264.05(b);

         F.   Site plans, floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance;

         G.   Payment of the application fee as set forth by § 1264.11;

         H.   Any other documents deemed necessary by the Zoning Inspector.

      (2)   The Board of Zoning Appeals may request that the applicant supply additional information that the Board deems necessary to adequately review and evaluate the request for a variance.

   (b)   Review by the Board. According to the procedures established for appeals in § 1264.03(a)(2), the Board shall hold a public hearing and give notice of the same. The Board shall review each application for a variance to determine if it complies with the purpose and intent of this code and evidence demonstrates that the literal enforcement of this code will result in practical difficulty or unnecessary hardship, depending upon the type of variance sought.

(Ord. 08-O-37, passed 12-1-2008)

   (a)   When considering a request for a variance, the Board shall be subject to powers and limitation of powers set forth in Article III, § 3 of the Charter of the City of Kirtland and further subject to the required findings set forth in subsection (b) or subsection (c) depending on the type of variance sought. The applicant for a variance shall have the burden of proof in these proceedings.

   (b)   No variance to the provisions or requirements of the Zoning Code, pertaining to area zoning requirements such as frontage, setback, and height shall be granted by the Board unless the Board has determined that a practical difficulty exists or will result from a literal enforcement of the Zoning Code. The factors to be considered and weighed by the Board in determining whether a property owner, seeking a dimensional variance such as an area or set back variance, has proved practical difficulty, include, but are not limited to:

      (1)   Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures or conditions;

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

      (3)   Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;

      (4)   Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment if the variance is granted;

      (5)   Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup or restrict access by safety vehicles or personnel;

      (6)   Whether special conditions or circumstances exist as a result of actions of the owner;

      (7)   Whether the property owner's predicament feasibly can be obviated through some method other than a variance;

      (8)   Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance; and

      (9)   Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district.

   (c)   Subject to Article III, § 3 of the Charter of the City of Kirtland, the Board may authorize a variance, other than for area zoning requirements such as frontage, setback and height, in specific cases, from the strict application of the Zoning Code, provided that it has considered the factors enumerated in subsections (b)(1) through (9), and further provided that all conditions enumerated in subsections (c)(1) through (7) have been met:

      (1)   The variance requested stems from a condition which is unique to the property at issue and not ordinarily found in the same zone or district;

      (2)   The hardship condition is not created by actions of the applicant;

      (3)   The granting of the variance will not adversely affect the rights of adjacent owners;

      (4)   The granting of the variance will not adversely affect the public health, safety, or general welfare;

      (5)   The variance will be consistent with the general spirit and intent of the Zoning Code;

      (6)   The variance sought is the minimum which will afford relief to the applicant; and

      (7)   There is no other economically viable use which is permitted in the zoning district.

(Ord. 08-O-37, passed 12-1-2008)

   The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the variance applies will be met.

(Ord. 08-O-37, passed 12-1-2008)

   (a)   The Board shall either approve, approve with supplementary conditions as provided in § 1264.06, or disapprove the request for variance according to the procedures established for appeals in § 1264.03(a)(4). The Board shall further make a finding in writing that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure.

   (b)   If a variance has been denied by the Board, the Board need not reconsider the same or substantially similar request for a variance if resubmitted within one year after the date of the decision, unless the underlying conditions have substantially changed.

(Ord. 08-O-37, passed 12-1-2008)

   Any interested party to an appeal or an application for a variance may make written request that the Board issue findings and conclusions of fact in support of any final decision entered by the Board. Any request for findings and conclusions of fact must be made in writing within ten calendar days of the Board's decision. Upon receipt of a request for findings and conclusions of fact, the Board shall issue such findings and conclusions within 15 calendar days of such receipt. Nothing herein shall extend the time for the filing of an appeal pursuant to Ohio R.C. Chapter 2506. Nothing herein shall extend the time for making a request for findings and conclusion of fact.

(Ord. 08-O-37, passed 12-1-2008)

   Variances shall expire one year from the date of their enactment, unless prior thereto, the applicant commences actual construction in accordance with the granted variance. There shall be no modification of variances except by further consideration of the Board of Zoning Appeals. Requests for renewal of expired variances shall be considered to be the same as an application for a variance and shall meet all requirements for application and review pursuant to this section and the Board shall not be bound by its prior decision. Depending upon the conditions attached to the variance by the Board of Zoning Appeals, variances may not be assignable without the prior approval of the Board of Zoning Appeals.

(Ord. 08-O-37, passed 12-1-2008)

   Decisions by the Board of Zoning Appeals granting or denying variances shall be final within the city, except that an appeal therefrom may be taken to the Court of Common Pleas of Lake County, Ohio pursuant to Ohio R.C. Chapter 2506 by any interested party, including the city and its officials.

(Ord. 08-O-37, passed 12-1-2008)

   The fee required to file an appeal or an application for variance to the Board is as stated in the Fee Schedule in § 236.07 of the City of Kirtland Codified Ordinances for each appeal or application for variance filed with regard to a residential use and as stated in the Fee Schedule in § 236.07 of the City of Kirtland Codified Ordinances for each appeal or application for variance filed with regard to a commercial use.

(Ord. 08-O-37, passed 12-1-2008; Am. Ord. 17-O-20, passed 7-3-2017)