Pursuant to § 11.04, Lincoln Heights Charter there shall be established and appointed by Council a Zoning Board of Appeals consisting of five electors of the village appointed by Council. One of the members shall be a member of the Planning Commission whose term shall coincide with such member's Planning Commission term; one of the members shall be appointed for a two year term; two of the members shall be appointed for a one year term. Thereafter each member shall be appointed for a four year term. All the members on the Board shall be citizens of the United States. No elected officer or employee shall be a member of the Board.

(1995 Code, § 153.225) (Ord. 68-15, passed 8-22-1968; Am. Ord. 2000-O-25, passed 4-10-2000; Am. Ord. 2002-O-17, passed 3-11-2002)

   (A)   The Board shall annually elect its own Chairperson, Vice-Chairperson, and secretary.

   (B)   Meetings of the Board shall be heard at the call of the Chairperson and at such times as the Board may determine by rule. All regular meetings of the Zoning Board of Appeals shall be open to the public. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions. Every decision upon which the Zoning Board of Appeals is required to act under this chapter shall be a public record.

(1995 Code, § 153.226) (Ord. 68-15, passed 8-22-1968)

   (A)   An appeal to the Zoning Board of Appeals based in whole or in part on the provisions of this chapter may be taken by any person, firm, or corporation aggrieved or by any governmental officer, department, board, or bureau affected by the decision of the Building Inspector. Such appeal shall be taken by filing a notice of appeal with the Zoning Board of Appeals on appropriate forms provided by the Building Inspector, payment of the required fee, and shall specify the grounds for such appeal.

   (B)   The Building Inspector shall forthwith transmit all papers constituting the records of such appeal to the Board. The Board may require the applicant to furnish such surveys, plans, or other information as may be reasonably required, to the Board for the proper consideration of the matter. On a hearing before the Board, any person or party may appear in person, or by agent, or by attorney.

(1995 Code, § 153.227) (Ord. 68-15, passed 8-22-1968)

   (A)   On the filing with the Planning Commission of an application for a zoning amendment, a public hearing shall be established and notice thereof shall be given. The procedure shall be the same as that taken by the Zoning Board of Appeals.

   (B)   The Zoning Board of Appeals shall fix a reasonable time and place for the hearing of the appeal and give due notice thereof to all persons appearing on the tax rolls of the village, who have an interest in land on the same street within 500 feet from the property in question, and on every lot not on the same street within 300 feet of the lot or building and place all information on file for public examination, as required by Ohio R.C. § 713.12, provided that failure to give notice required by this division shall not invalidate any action taken. On the hearing, any party may appear in person or by agent or by attorney. Provided further, that notice of such hearing together with a short resume of the petition coming before the Board shall be published at least once 30 days before the hearing, in one or more newspapers of general circulation within the village, and that a written notice is served at least 20 days before the hearing on the owners of the properties located adjacent to the location for which the variation is requested, as required by Ohio R.C. § 713.12.

   (C)   The Board may reverse or affirm wholly or partly or may modify the order, requirement, decision, or determination as, in its opinion, ought to be made in the premises and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of 3/4 of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Building Inspector or to decide in favor of the applicant any matter on which they are required to, under this chapter, or to effect any variation in this chapter. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Zoning Board of Appeals after notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate, a stay would cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which shall be granted by the courts on notice of the Building Inspector and on due cause shown.

(1995 Code, § 153.228) (Ord. 68-15, passed 8-22-1968)

   The Board shall have the following powers.

   (A)   Administrative review. To hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, decision, or determination made by the Building Inspector in the enforcement of this chapter.

   (B)   Variance. To authorize, on an appeal, a variance from the strict applications of the provisions of this chapter where by reason of exceptional narrowness, shallowness, shape, or area of a specific piece of property at the time of enactment of this chapter or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship on the owner of such property, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter. In granting a variance, the Board may attach thereto such conditions regarding the location, character, and other features of the purpose of this chapter. In granting a variance, the Board shall state the grounds on which it justifies the granting of a variance.

(1995 Code, § 153.229) (Ord. 68-15, passed 8-22-1968)

   (A)   A variance from the terms of this Zoning Code shall not be granted by the Zoning Board of Appeals unless and until a written application for a variance is submitted to the Building Commissioner. The application shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied by the application.

   (B)   At a minimum, the application shall contain the following information:

      (1)   Name, address and telephone number of applicant;

      (2)   Legal description of property;

      (3)   Description of the nature of variance requested;

      (4)   A statement demonstrating that the requested variance conforms to the standards set forth in § 153.226; and

      (5)   A fee as established by Council.

(Ord. 2001-O-17, passed 7-9-2001)

   A variance from the terms of this Zoning Code shall not be granted by the Board of Zoning Appeals unless it finds that all of the following standards are met:

   (A)   The granting of the variance shall be in harmony with the general purpose and intent of the regulations imposed by this Zoning Code on the district in which it is located, and shall not be injurious to the area or otherwise detrimental to the public welfare;

   (B)   The granting of the variance shall not alter the essential character of the location;

   (C)   There shall exist special circumstances or conditions, fully described in the findings, applicable to the land or buildings for which the variance is sought, which are peculiar to such land and building and do not apply generally to land or buildings in the area, and which are such that the strict application of the provisions of this Zoning Code would deprive the applicant of the reasonable use of such land or building. Mere loss in value shall not justify a variance; there shall be deprivation of beneficial use of land;

   (D)   There shall be proof of hardship created by the strict application of this Zoning Code. It is not sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created; nor can it be established on this basis by one who purchases with or without knowledge of the restrictions; it shall result from the application of this Zoning Code; it shall be suffered directly by the property in question; an evidence of variance granted under similar circumstances need not be considered;

   (E)   The granting of the variance is necessary for the reasonable use of the land or building and the variance as granted is the minimum variance that will accomplish this purpose; and

   (F)   The proposed variance shall not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values of the adjacent area.

(Ord. 2001-O-17, passed 7-9-2001)

   (A)   Appeals. Appeals to the Zoning Board of Appeals concerning interpretation or administration of this Zoning Code may be taken by any person aggrieved by any zoning decision of the Building Commissioner. Such appeal to the Zoning Board of Appeals shall be taken after the decision of the Building Commissioner by filing with the Building Commissioner and with the Zoning Board of Appeals a notice of appeal specifying the grounds upon which the appeal is being taken. Appeals shall be made in writing accompanied by an application fee as set by Council. The Building Commissioner shall transmit to the Zoning Board of Appeals all the papers constituting the record upon which the action appealed from was taken.

   (B)   Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless the Building Commissioner from whom the appeal is taken certifies to the Zoning Board of Appeals, after the notice of appeal is filed with him or her, that by reason of facts stated in the application a stay would, in his or her opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by restraining order which may be granted by the Zoning Board of Appeals or by a court of record upon application, or notice to the Building Commissioner from whom the appeal is taken, on due cause shown.

   (C)   Public hearing by Zoning Board of Appeals. The Zoning Board of Appeals shall set a public hearing within 20 days after the receipt of an application for a variance or a notice of appeal. The hearing on the appeal or variance shall be held within 30 days of receipt of application for the variance or the notice of appeal.

   (D)   Notice of public hearing in newspaper. Before holding the public hearing, notice of such hearing shall be given by publication in a newspaper of general circulation in the village not less than ten days prior to the hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.

   (E)   Notice to parties in interest. Before holding the public hearing the applicant shall submit a notification form signed by each record owner of any property located within 200 feet in any direction of the property upon which an applicant for an appeal or variance has been filed. The notification form to be signed by each such property owner shall be available from the Building Department and shall contain the same information as required of notices published in newspapers.

   (F)   Authority of Zoning Board of Appeals. The Zoning Board of Appeals may authorize upon appeal in specific cases such variance from the terms of this Zoning Code as will not be contrary to the public interest where, owing to special conditions of the property, a literal enforcement of the provisions of this Zoning Code would result in unnecessary hardship. No variance shall be granted by the Zoning Board of Appeals unless it is found that all of the requirements and standards are met. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming uses of land, structures or buildings in other districts shall be considered grounds for issuance of a variance.

   (G)   Action by Zoning Board of Anneals. Within 30 days after the public hearing the Board shall either approve, approve with supplementary conditions, or disapprove the application as presented. If the application is approved or approved with modifications, the Board shall direct the Building Commissioner to issue a conditional zoning permit listing the specific conditions specified by the Board for approval. If the application is disapproved by the Board the applicant may seek relief through the Court of Common Pleas.

(Ord. 2001-O-17, passed 7-9-2001)

   (A)   It shall be the duty of the Board to issue a certificate in any case wherein a variance is granted.

   (B)   The Board may, at any time, cancel or revoke such certificate, for any violation of the Zoning Code or conditions imposed.

(Ord. 2001-O-17, passed 7-9-2001)

   Unless otherwise specified by the Board, a variance shall expire if the applicant fails to obtain a building permit or use and occupancy permit as the case may be within six months from the date of authorization thereof.

(Ord. 2001-O-17, passed 7-9-2001)

   Any person, firm, or corporation aggrieved or any governmental office, department, board or bureau affected by the decision of the Zoning Board of Appeals, or Village Council, or any taxpayer, or any officer of the village, within 30 days after any decision of the Board, may appeal to the courts by filing a complaint duly verified, setting forth that such decision is arbitrary, capricious and abuse of discretion or otherwise not in accordance with the law, specifying the grounds on which he or she relies.

(Ord. 2001-O-17, passed 7-9-2001)