(A)   Board of Zoning Appeals. The Board of Zoning Appeals, hereafter referred to as the "Board", is the Mayor, full Village Council, and the Village Solicitor.

   (B)   Terms. These members shall hold office for terms of four years, and their terms shall be staggered as consistent with elections.

   (C)   Vacancies. The Mayor shall appoint a new member to fill any vacancy for the unexpired term created by a resignation.

   (D)   Continuity. All members or alternates shall serve until their successors are appointed and qualified.

   (E)   Removal. The Mayor shall have the power to remove any member or alternate of the Board for cause, after a public hearing before Council.

(Ord. O-2019-24, passed 9-9-2019)

   The Zoning Appeal Board is subject to the following:

   (A)   Officers and proceedings. The Zoning Appeal Board shall consist of full Council with the Mayor as chairman. All meetings of the Board shall be held at the call of the chairman, The chairman, or in his absence, the vice-chairman, may administer oaths and require the attendance of witnesses. All meetings of the Board shall comply with requirements of Ohio's open meeting laws.

   (B)   Record keeping. The Zoning Appeals Board shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent, or failing to vote, indicating such fact, and shall also keep records of its examination and other official actions. The Board may adopt its own rules of procedure. Every order, requirement, decision or determination of the Board shall be filed in the County Zoning Office and shall become a public record.

   (C)   Operations. In the performance of its duties, the Board may incur such expenditures as shall be authorized by Council.

   (D)   Quorum. A majority of the members of the Board shall constitute a quorum. No action of said Board shall be official unless such action be taken or authorized by a majority of the membership of the Board.

      Example: if only three of the five members are in attendance, then all decisions must be unanimous, such by a vote of 3 - 0.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Appeals. The Board shall hear appeals from any order, requirement, decision or determination made by the Village Planning Commission or the Planning Commission Staff. Such appeal shall be taken within such time as shall be prescribed by the Board in its rules, and by filing with the Village Administrator's Office a notice of appeal, specifying the grounds thereof. The Village Administrator's Office shall transmit to the Board all facts constituting the record on which the action of appeal is taken.

   (B)   Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Village Administrator from whom the appeal is taken certifies to the Board, after the notice of appeal is filed with him/her, that by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property. In such case no stay shall be had, unless a restraining order to that effect shall be issued by the Court of Common Pleas of Hancock County, Ohio, after due notice given to the Village Administrator from whom the appeal is taken and for good cause shown.

   (C)   Set meeting. The Zoning Appeals Board shall fix a time for the hearing of an appeal and give not less than seven days' notice thereof to the parties, in accordance with its rules of procedure, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

   (D)   Board action. The Zoning Appeals Board may reverse, affirm or modify the order, requirement, decision or determination as in its opinion shall seem just and fair, and to that end, the Board shall have all the powers of the officer from whom the appeal is taken.

   (E)   Appeal of Board action. After hearing as provided above, any person adversely affected by any order or decision issued by the Board may appeal from the order of the Board to the Court of Common Pleas. Any party desiring to appeal shall file a notice of appeal with the Board setting forth the order appealed from and the grounds for appeal. A copy of such notice of appeal shall also be filed in the Court of Common Pleas by the party appealing. Such notice of appeal shall be filed within 30 days after the filing of a decision of the Board in the office of the Village Administrator. Such appeal may be on questions of law or on questions of law and fact. The filing of a notice of appeal in the office of the Board shall stay all proceedings appealed from until the Court of Common Pleas has rendered a decision on the matter. The provisions of the Ohio Revised Code shall further govern all appeals under the provisions of this subchapter.

(Ord. O-2019-24, passed 9-9-2019)

   (A)   Variance defined. A VARIANCE is a modification of the literal provisions of this zoning code granted when strict enforcement of the code would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted.

      (1)   The crucial points of variance are:

         (a)   Undue hardship, and

         (b)   Unique circumstances applying to the property.

      (2)   A variance is not justified unless both elements are present in the case.

   (B)   Applying standards. The Zoning Appeals Board shall be permitted to grant variances as above defined in specific cases whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive an owner of the reasonable use of the land or building involved. In review of a variance request, nonconformities on adjacent lands in the same district may be considered when evaluating applications regarding structures or buildings. Such instances may be considered grounds for the issuance of a variance.

   (C)   Public notice of meeting. Notice of applications for variance shall be provided to all abutting property owners and published in a newspaper of general circulation at least 14 days prior to the date of the meeting at which the variance request will be considered. A second notice is required to be published at least seven days prior to the same meeting. Holidays or other occasions that affect the notification schedule will be noted on the annual application deadline schedule presented at the beginning of each calendar year.

(Ord. O-2019-24, passed 9-9-2019)

   No variance from the strict application of the standards of this zoning code shall be granted by the Board of Appeals unless and until the applicant demonstrates to the Board's satisfaction all of the following:

   (A)   Conditions and circumstances. Special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not applicable to other lands, structures or buildings in the same district;

   (B)   Property rights. The literal interpretation of the provisions of this zoning code would deprive the applicant of property rights commonly enjoyed by other properties in the same district under the terms of this zoning code;

   (C)   Applicant's disregard. The special conditions and circumstances do not result from the actions of applicant, his agent and/or contractor to disregard or circumvent the zoning code but are a result from the applicant's good faith attempts to improve the property, neighborhood and community without substantially infringing on the language and intent of the zoning code;

   (D)   Harmony with locality. The variance requested shall not alter the essential character of the locality nor substantially or permanently impair the appropriate use or development of adjacent properties;

   (E)   Magnitude of variance. 

      (1)   The category of variance is of little consequence to the ordinance but of great benefit to a property owner's usability.

      (2)   A guideline for measuring magnitude is not more than 10% of any measurable criteria, such as a setback.

      Example: A property located near the flood plain is constrained by various zoning requirements. The lot is zoned R-3 Single Family, is traversed by the 100-year flood plain, and measures the minimum 3,500 square foot lot size as required. The property owner is seeking a variance to construct the minimum required 800 square foot home as a single story because the footprint cannot fit on the site. The building envelop is only 750 square feet. The front and side yard requirements are ten feet and three feet respectively.

         (a)   Solution 1: If balancing the site is not an option, the flood ordinance is of higher importance than the setback requirements. With such minimal setbacks the additional 50 square feet would encroach presents a larger magnitude variance than would allowing a 750 square foot structure.

         (b)   Solution 2: If possible, adding a second story to the structure would reduce the first floor footprint and eliminate the need for a variance.

   (F)   Alternatives. Whether the applicant's predicament can be obviated through some method other than a variance. The applicant has presented and/or evaluated other alternatives but has concluded this request is the most feasible;

   (G)   Substantial justice. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.

(Ord. O-2019-24, passed 9-9-2019)

   No variance shall be granted by the Board of Zoning Appeals without consideration and resolve of the following standards.

   (A)   Burden of proof. In requests for variances, the burden of all required proofs shall be on the applicant.

   (B)   Appropriate request. Prior to approving any requested variance, the Zoning Appeals Board shall make a determination that the reasons set forth in the application are valid and do justify the granting of the variance.

   (C)   Minimal deviation. The Board shall also determine if the variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure. The Board's minutes shall include the basis on which the Board justifies the granting of any variance.

   (D)   Use variances not allowed. Under no circumstances shall the Board of Zoning Appeals grant a variance which will permit a use which is not permitted in the district in which the property is located.

   (E)   Preemptive variances. Under no circumstances shall the Board of Zoning Appeals grant a preemptive variance.

(Ord. O-2019-24, passed 9-9-2019)

   The Board of Zoning Appeals may prescribe appropriate conditions and safeguards as it may determine necessary to protect the value and utility of properties adjoining those involved in variance requests. Failure to adhere to such conditions and safeguards shall be a violation of this zoning code. In prescribing conditions, the Board shall, to the greatest extent possible, attach only those conditions which are visible from a building's exterior and are, therefore, enforceable by the Village Administrator.

(Ord. O-2019-24, passed 9-9-2019)

   When a variance from the strict application of the terms of this code has been approved by the Board of Zoning Appeals, the Village Administrator may issue a zoning permit. If an applicant fails to secure the zoning permit within 60 days of the decision, such variance shall expire. If it deems a more restrictive time limit to be appropriate, the Board of Zoning Appeals shall have the authority to adjust the permit duration period. Village zoning permits are valid for one year. The duration period can be reduced but not by less than three months. Permit duration can also be increased, but not by more than two years.

   Example: The Board may want to limit the zoning permit's period of validity from one year to six months for a particular reason, such as paving the parking lot now instead of waiting until spring.

(Ord. O-2019-24, passed 9-9-2019)

   The Board shall also interpret the zoning district map which constitutes a part of the zoning code. In the interpretation of such zoning district map, the Board shall consider that district boundaries are intended to follow the center lines of existing streets, highways, alleys or property lines, or extensions of same, or the banks of rivers, streams, creeks and open ditches, half-section or quarter-section lines, unless definite conditions are otherwise indicated on the zoning district map.

(Ord. O-2019-24, passed 9-9-2019)