(a)   Appeals to the Board of Zoning Appeals concerning interpretation or administration of the Zoning Code may be taken by any person aggrieved by any decision of the Code Enforcement Officer or his or her authorized representative. Such appeal shall be taken within 30 days after the decision by filing with the Code Enforcement Officer or his or her authorized representative and the Board of Zoning Appeals, a notice of appeal specifying the grounds upon which the appeal is being taken and which shall be accompanied by the required fee. The Code Enforcement Officer or his or her authorized representative shall transmit to the Board of Zoning 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 unless the Code Enforcement Officer or his or her authorized representative, by reason of facts stated in the application, finds that a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order granted by a court of competent jurisdiction.

(Ord. 2012-20, passed 4-17-2012)

   The Board of Zoning Appeals may authorize a variance from the terms of this Zoning Code which shall not be contrary to the public interest and where owing to special conditions, a literal enforcement of the provisions of this Zoning Code would result in practical difficulties. A variance shall not be granted unless the Board of Zoning Appeals makes a specific finding based directly on the particular evidence presented to it which supports conclusions that the standards and conditions imposed by this section have been met by the applicant. No variance shall be granted which will alter the character and use of a zoning district or to correct an error of judgment in zoning laws.

   (a)   Application requirements. Except as otherwise permitted in this Zoning Code, a variance from the terms of this Zoning Code shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Code Enforcement Officer or his or her authorized representative and the Board of Zoning Appeals. At a minimum, the application shall include:

      (1)   Name, address, and telephone number of property owner;

      (2)   Street address of property;

      (3)   Description of nature of variance requested;

      (4)   A site plan drawn to scale;

      (5)   A list of all property owners and their addresses who are within, contiguous to, or directly across the street;

      (6)   A narrative statement demonstrating that the requested variance conforms to the review standards of division (b) below, Standards for Variances;

      (7)   Any additional information requested by the Board of Zoning Appeals as deemed necessary.

   (b)   Standards for variances. The Board of Zoning Appeals shall not grant a variance unless it shall, in each specific case, make specific findings of fact directly based upon the particular evidence presented to it, that supports conclusions from the factors below:

      (1)   Whether the property will yield a reasonable return without the variance or whether there can be a 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;

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

      (6)   Whether the property owner's predicament feasibly can be obviated through some other 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.

(Ord. 2012-20, passed 4-17-2012)

   The Board of Zoning Appeals shall hold a public hearing within 30 days after the receipt of a complete application for a variance or an appeal of the Code Enforcement Officer's decision. An application for a variance may be filed by the property owner or a person having an equitable interest in the property. An application for an appeal may be filed by any person adversely affected by the decision of the Code Enforcement Officer. At the public hearing, any party may appear in person or be represented by an attorney at law.

   (a)   Notice of public hearing in newspaper. Before holding the public hearing required in § 1280.05, notice of such hearing shall be given in one or more newspapers of general circulation in the village, at least 14 days prior to the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.

   (b)   Notice of public hearing by posting. Before holding the public hearing required in § 1280.05 publication of the foregoing public hearing notice shall be made by posting true copies thereof at five of the most public places in said village as determined by the Village Council, at least 14 days prior to the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.

   (c)   Notice to parties of interest. Prior to conducting the public hearing required in § 1280.05, written notice of such hearing shall be mailed by the Secretary of the Board of Zoning Appeals (BZA) by first class mail at least 14 days before the day of the hearing to all owners of property within, contiguous to, and directly across the street from the subject property. The mailing list shall be supplied to the BZA by the property owners requesting the variance or appeal. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.

   (d)   Action by the Board of Zoning Appeals.

      (1)   The Board of Zoning Appeals may continue the hearing on its assigned date for the purpose of obtaining additional information, or to serve notice of the hearing upon other property owners with substantial interest in the case. If a hearing is adjourned, the Board of Zoning Appeals shall not be required to inform previously identified persons who have already been heard of the time of its resumption.

      (2)   The Board of Zoning Appeals may call upon Village Departments and professional consultants in the performance of its duties. Such Village Departments or consultants shall render such assistance as may be reasonably required.

      (3)   The Board of Zoning Appeals may reverse or affirm, wholly or in part, the decision being appealed and it may direct the issuance of a permit or certificate.

      (4)   The Board of Zoning Appeals shall either approve, approve with supplementary conditions, or disapprove the request for appeal or variance.

      (5)   The Board of Zoning Appeals shall issue a written decision within 14 days after the close of the hearing.

      (6)   A copy of this decision shall be transmitted to the applicant, by certified mail, and to the Code Enforcement Officer or his or her authorized representative.

      (7)   Such finding shall be binding on all parties, and the Code Enforcement Officer or his or her authorized representative shall incorporate its terms and conditions in the relevant permit.

      (8)   Appeals from Board of Zoning Appeals decisions shall be made to the Court of Common Pleas of Hamilton County.

      (9)   Variances shall expire six months from the date of their being granted unless, prior thereto, the applicant obtains a zoning certificate and commences actual construction in accordance with the granted variance or an extension of time is granted by the Board of Zoning Appeals.

   (e)   Supplementary conditions and safeguards. Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this Zoning Code in the district involved or any use expressly or by implication prohibited by the terms of this Zoning Code. In granting any appeal or variance, the Board of Zoning Appeal may prescribe any appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the appeal or variance has been granted, shall be deemed a violation and punishable under § 1246.29 and/or § 1246.99 of this Zoning Code.

(Ord. 2012-20, passed 4-17-2012)

   Approval of a conditional use permit shall conform to the procedures and requirements of this Zoning Code.

   (a)   General. It is recognized that an increasing number of new kinds of uses are appearing daily and that many of these and some other more conventional uses, possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities, that each specific use must be considered individually. These specific uses as they are conditionally permitted under the provisions of Chapter 1280, shall follow the procedures and requirements set forth below.

   (b)   Contents of application for conditional use permit. An application for conditional use permit shall be filed with the Code Enforcement Officer or his or her authorized representative by at least one owner or lessee of property for which such conditional use is

proposed. At a minimum, the application shall contain the following information:

      (1)   Name, address, and telephone number of property owner.

      (2)   Street address of property.

      (3)   Description of existing use.

      (4)   Zoning district.

      (5)   Description of proposed conditional use.

      (6)   A scaled plan of the proposed site for the conditional use showing the location of all buildings, parking and loading area, traffic access and traffic circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, and such other information as the Board of Zoning Appeals may require to determine if the proposed conditional use meets the intent and requirements of this Zoning Code.

      (7)   A narrative statement evaluating the effects on adjoining property, the effect of such elements as noise, glare, odor, fumes, and vibration on adjoining property; and a discussion of the general compatibility with adjacent and other properties in the vicinity.

   (c)   General standards applicable to all conditional uses. In addition to the specific requirements for conditionally permitted uses as specified in this Zoning Code, the Board of Zoning Appeals shall review the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence showing that such use is at the proper location:

      (1)   Is in fact, a conditional use established under the provision of the Zoning Code.

      (2)   Will be harmonious and in accordance with the general objectives, or with any specific objective of any plans adopted by the village and/or the Zoning Code.

      (3)   Will be designed, constructed, operated, and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity, and that such use will not change the essential character of the same area.

      (4)   Will not be hazardous or disturbing to existing or future neighboring uses.

      (5)   Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to adequately provide any such services.

      (6)   Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community.

      (7)   Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, vibration, smoke, fumes, glare, or odors.

      (8)   Will have vehicular approaches to the property that shall be designed so as not to create an interference with traffic on surrounding public thoroughfares.

      (9)   Will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance.

      (10)   In making its determination, the Board of Zoning Appeals shall apply the following standards to conditional uses in the various districts:

         A.   Commercial Districts.

            1.   The location, size, and intensity of the use and all potential traffic impacts, vehicular or pedestrian, so as to avoid the creation of undesirable and hazardous conditions.

            2.   The layout and character of the use in relation to existing physical and economic conditions so as to foster overall harmonious relationships between characteristic groups of businesses in a district.

         B.   Industrial Districts.

            1.   The location, size, and layout of the use, with a special view to traffic routes of trucks and employees so as to avoid conflicts with other industries in the district, or interferences with existing vehicular or pedestrian traffic patterns.

            2.   The performance characteristics with respect to noise, odor, smoke, dust, chemical discharge into the air, waste disposal, or any other environmental impacts, so as to avoid nuisance impacts.

   (d)   Specific criteria for conditional uses. In granting any conditional use, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Zoning Code and punishable under § 1246.29 and/or § 1246.99.

   (e)   Public hearing by the Board of Zoning Appeals. The Board of Zoning Appeals shall hold a public hearing within 30 days after the receipt of an application for a conditional use.

      (1)   Notice of public hearing in newspaper. Prior to holding the public hearing required in § 1280.05, notice of such hearing shall be given in one or more newspapers of general circulation of the village at least 14 days before the date of said hearing. The notice shall set forth the time and place of the public hearing and the specific item to be considered.

      (2)   Notice of public hearing by posting. Before holding the public hearing required in § 1280.05 publication of the foregoing public hearing notice shall be made by posting true copies thereof at five of the most public places in said village as determined by the Village Council, at least 14 days prior to the date of said hearing. The notice shall set forth the time and place of the public hearing, and the specific item to be considered.

      (3)   Notice to parties of interest. Prior to holding the public hearing required in § 1280.07(e), written notice of such hearing shall be mailed by the Secretary of the Board of Zoning Appeals by first class mail at least 14 days before the day of the hearing to all owners of property within, contiguous to, and directly across the street from the subject property. The mailing list shall be supplied to the Secretary by the property owner requesting the conditional use. The notice shall set forth the time and place of the public hearing and the specific item to be considered.

   (f)   Action by the Board of Zoning Appeals.

      (1)   The Board of Zoning Appeals may continue the hearing on its assigned date for the purpose of obtaining additional information, or to serve notice of the hearing upon other property owners with substantial interest in the case. If a hearing is adjourned, the Board of Zoning Appeals shall not be required to inform previously identified persons who have already been heard of the time of its resumption.

      (2)   The Board of Zoning Appeals may call upon Village Departments and professional consultants in the performance of its duties. Such Village Departments or consultants shall render such assistance as may be reasonably required.

      (3)   The Board of Zoning Appeals shall either approve, approve with supplementary conditions, or disapprove the request for appeal or variance.

      (4)   The Board of Zoning Appeals shall issue a written decision within 14 days after the close of the hearing.

      (5)   A copy of this decision shall be transmitted to the applicant, by certified mail, and to the Code Enforcement Officer or his or her authorized representative.

      (6)   Such finding shall be binding on all parties, and the Code Enforcement Officer or his or her authorized representative shall incorporate its terms and conditions in the relevant permit.

      (7)   Appeals from Board of Zoning Appeals decisions shall be made to the Court of Common Pleas of Hamilton County.

   (g)   Expiration of conditional use permit. A conditional use permit shall expire six months from the date of their being granted unless, prior thereto, the applicant obtains a zoning certificate and commences actual construction in accordance with the granted conditional use approval or an extension of time is granted by the Board of Zoning Appeals.

   (h)   Revocation of a conditional use permit. Violation of the conditional use as approved shall be grounds for revocation of the conditional use permit. The Board of Zoning Appeals may revoke a conditional use permit but only after a public hearing is conducted according to procedures outlined in § 1280.07(e).

   (i)   Supplementary conditions and safeguards. In granting any conditional use, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violations of such conditions and safeguards, when made a part of the terms under which the conditional use is granted, shall be deemed a violation of this Zoning Code and punishable under § 1246.29 and/or § 1246.99 of this Zoning Code.

(Ord. 2012-20, passed 4-17-2012)