Kirtland Hills City Zoning Code
CHAPTER 1161
Board of Zoning Appeals
1161.01 POWERS AND DUTIES.
(a) The Board of Zoning Appeals shall have the authority to interpret this Zoning Ordinance in such a way as to carry out the intent and objectives of same when an application is filed to determine the meaning and intent of any wording or provision hereof.
The Board shall have the power to hear and decide appeals, where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Zoning Inspector or other official in the interpretation or of the provisions of this Ordinance.
(b) The Board shall have the power to authorize, upon appeal, such variances from the provisions or requirements of this Ordinance as will not be contrary to the public interest; but only in such cases where, owing to special conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this Ordinance would cause undue and unnecessary hardship.
(c) Where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this Ordinance, or by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property or of other use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this Ordinance would involve practical difficulties or would cause undue hardship – unnecessary to carry out the spirit and purpose of this Ordinance, the Board shall have the power to authorize a variance from such strict application so as to relieve such hardship and so that the spirit and purpose of this Ordinance shall be observed and substantial justice done. In authorizing a variance the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purpose of the Ordinance and in the public interest. In authorizing a variance with attached conditions the Board shall require such evidence and guarantee or bond as it may deem to be necessary that the conditions attached are being and will be complied with.
(d) No variance in the provisions or requirements of this Ordinance shall be authorized by the Board unless the Board finds, by clear and convincing evidence, that all the following facts and conditions exist:
(1) That there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property that do not apply generally to other properties or classes of uses in the same zoning district.
(2) That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity.
(3) That the authorizing of such variance will not be of detriment to adjacent property and will not impair the purposes of this Ordinance or the public interest.
(e) No grant of a variance shall be authorized unless the Board specifically finds that the condition or situation of the specific piece of property, or the intended use of said property for which variance is sought, one or the other in combination, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation.
(f) No variance granted by the Board shall become effective unless said action is confirmed by resolution of Council.
(Ord. 04-97-06. Passed 4-21-97.)
1161.02 MEETINGS AND PROCEDURES.
All meetings of the Board of Zoning Appeals shall be public. The Board of Zoning Appeals shall keep minutes of its proceedings, show the vote of each member upon every question, or if absent or failing to vote, indicate such fact. The Board shall adopt from time to time such rules and regulations as it may deem necessary for the performance of its duties.
(Ord. 03-89-05. Passed 3-1-89.)
1161.03 APPEALS.
An appeal to the Board of Zoning Appeals shall be made by filing with the Zoning Inspector a notice of appeal on an approved form stating the nature of the appeal and the substantive facts giving rise to the appeal. The Zoning Inspector shall transmit to the Board all appropriate records regarding the appeal. The Board of Zoning Appeals shall give notice and schedule a hearing on the appeal in accordance with Section 1161.04 and the Board’s rules and regulations. A fee shall be paid by the applicant for each appeal in accordance with the official fee schedule as adopted from time to time by Council.
(Ord. 03-89-05. Passed 3-1-89.)
1161.04 PUBLIC HEARING AND NOTICE.
Upon receipt of a notice of appeal, the Board shall schedule a public hearing thereon and shall cause notice of the time and place of said hearing to be given by:
(a) One publication in a newspaper of general circulation in the Village, or by posting of such notice in the five places within the Village provided for posting of ordinances and resolutions, which publication or posting shall be made at least seven days prior to the hearing;
(b) Written notice to the owners of property contiguous to and directly across the street from the property in question, which notice shall be either by hand delivery or by first class mail to the addresses of such owners as shown on the current tax list at least ten days prior to the hearing.
(Ord. 3-89-05. Passed 3-1-89.)