(a)   The members of the Board of Zoning Appeals shall serve without compensation.

   (b)   The Board shall have all the powers and duties prescribed by law, specifically including hearing appeals as to the interpretation of this Zoning Code and granting variances for hardships.

(Ord. 2002-45. Passed 8-22-02.)

   The Board of Zoning Appeals shall have the power to hear and decide appeals concerning an alleged error or an interpretation, order, requirement, decision or determination of the Zoning Inspector in the administration and enforcement of this Zoning Code. Such question of interpretation may include a determination of:

   (a)   The meaning of any portion of the text of this Zoning Code or any condition or requirement made under the provisions of this Zoning Code or of any order previously issued by the Board;

   (b)   The exact location of any zoning district boundary, if uncertainty remains after following the rules specified in Section 1248.04;

   (c)   Whether a proposed nonconforming use is of a more restricted nature than the existing nonconforming use that is proposed to be replaced, as provided in Section 1282.02; and

   (d)   Alleged inaction or improper action by the Zoning Inspector as the same relates to the application of zoning laws in the City. Appeals shall be prepared in written form and shall specify the grounds thereof, setting forth the material subject matter sufficiently to identify the matters involved upon appeal. A copy thereof shall be filed with the Board and with the Zoning Inspector, who shall then forthwith prepare and transmit to the Board all papers and records of his or her office bearing thereon.

(Ord. 2002-45. Passed 8-22-02.)

   (a)   The Board of Zoning Appeals shall have the power to consider variances from these regulations where, by reason of exceptional narrowness, shallowness, shape, exceptional topography or similar unusual condition of a given lot, the strict application of the terms of this Zoning Code would result in peculiar and exceptional difficulties or undue hardship upon the owner thereof. Variances may only be granted from the measurable standards that apply within a given zoning district. The Board may include special conditions and requirements as described in Section 1246.04 as a condition of approval. Examples of authorized variances include finding that unique physical circumstances apply in a given circumstance and:

      (1)   Allowing any front, side or rear setback requirement to be reduced;

      (2)   Allowing a structure to be built on a lot that does not meet the required lot size for the zoning district in which it is located;

      (3)   Allowing off-street parking and/or loading requirements to be reduced;

      (4)   Allowing signs with larger area to be constructed or placed on a property; and

      (5)   Allowing a structure that does not meet maximum or minimum gross floor area requirements.

   (b)   All required forms, applications, information and fees shall be submitted at least ten working days prior to scheduled meeting date. In cases where a variance is requested for something that has already been completed, the application fee shall be doubled.

   (c)    Applications for variance requests may be taken by the Zoning Inspector. The Board shall grant such variance permits only if the same will not result in substantial detriment to the public good and will not substantially impair the intent and general purpose of this Zoning Code. Further, such variance permits shall be granted only if the Board finds that all of the following conditions exist:

      (1)   The special circumstances or conditions applying to the building or land in question are peculiar to such lot and do not apply generally to other lots or buildings in the immediate vicinity.

      (2)   The granting of the variance permit is necessary for the preservation and enjoyment of a substantial property right and not merely to serve as a convenience to the applicant.

      (3)   The special conditions and circumstances do not result from the actions of the applicant.

      (4)   The issuance of the variance permit will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in public streets, increase the danger of fire, imperil the public safety, unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the health, safety, convenience or general welfare of the inhabitants of the City. Variance permits issued pursuant to the provisions of this subsection shall be in writing and shall set forth the exact nature of the variance permitted and all conditions and requirements exacted by the Board in connection therewith. A copy or other record thereof shall be kept by the Board, and a copy shall be furnished to the Zoning Inspector.

   The Board of Zoning Appeals is restricted from granting a permanent variance under any condition for a temporary fixture other than those expressed above.

(Ord. 2002-45. Passed 8-22-02; Ord. 2023-04. Passed 2-9-23.)

   In granting a variance, the Board may require other improvements and safeguards for the protection of the health, safety and welfare of the owners and occupants of the surrounding neighborhood. Specifically, the Board, in such cases, may attach conditions that deal with a variety of concerns, including, but not necessarily limited to, the following:

   (a)   Paving, shrubbery, ornamental or screening fences or walls;

   (b)   The control or elimination of smoke, dust, radiation, vibration, gas, noise or odor;

   (c)   The hours of operation;

   (d)   The location of exits or show windows;

   (e)   Cleaning and painting;

   (f)   The elimination of any existing nonconforming uses of land, buildings or signs;

   (g)   The direction and intensity of outdoor illumination; and

   (h)   The amount and location of off-street parking and signage.

(Ord. 2002-45. Passed 8-22-02.)

   (a)   The Board of Zoning Appeals shall annually elect one of its members to serve as Chairperson and shall appoint a Secretary, who need not be a member. The Board may designate any appropriate City official as receiving clerk for the filing of any matters for its attention. Meetings of the Board shall be held at least once monthly. There shall be a fixed place of meeting and all meetings shall be open to the public.

   (b)   The Board shall adopt its own rules of procedure consistent with the provisions hereof, and a record shall be kept of its proceedings, showing the attendance of members, the action of the Board and the vote of each member upon each question considered. Four members shall constitute a quorum. The Board may adopt from time to time such rules and regulations, consistent with the provisions hereof, as may be deemed necessary to carry into effect the provisions of this chapter.

   (c)   Upon the filing of an application for a variance or a request for an interpretation, the Chairperson of the Board shall fix a reasonable time for the hearing thereof, which may be at a special meeting of the Board, and shall cause due notice thereof to be given to all interested parties, including the Planning Commission, which shall be a party in interest as to all hearings before the Board. Notice of the hearing shall be published in a newspaper of general circulation in the City at least ten days prior to the date of such hearing. The notice shall set forth the time and place of the hearing and provide a summary of the matter to be considered. Before conducting the hearing, notice of the hearing shall be sent by first class mail to all adjoining property owners.

   (d)   Upon the hearing of the appeal, the Board may reverse, affirm or modify the order or determination appealed from and may make such orders and requirements as should be made, exercising, for such purposes, all of the powers of the Zoning Inspector. No action contrary to that of the Zoning Inspector shall be taken except upon concurrence of a majority of the members of the Board. The Board shall act upon each appeal within thirty days after the filing thereof; failure of the Board to act within this period may any time thereafter be construed by the appellant as denial of the appeal.

(Ord. 2002-45. Passed 8-22-02.)

   An applicant or a resident of the City may appeal a decision relating to a matter of interpretation or variance to Council following the decision by the Board of Zoning Appeals. Matters of appeal or interpretation to be considered by Council must be presented in written form and shall specify the grounds for the appeal or the question of interpretation. One copy of the form, with all records associated with the case from previous meetings of the Board, shall be filed with the Clerk of Council. Within a reasonable time after filing of the appeal, Council shall fix a hearing date, giving notice thereof by publication and written notice thereof to the applicant. Council may reverse or modify the order or determination made by the Board, with a two-thirds vote of its members.

(Ord. 2002-45. Passed 8-22-02.)

   (a)   The Board of Zoning Appeals is hereby declared to be the Board of Appeals for appeals taken under Chapters 623, Fair Housing, 634, Nuisances, 1284, Abatement of Nuisances, and 1428, Property Maintenances of these Codified Ordinances.

   (b)   The Board shall have all powers and duties as provided for in this chapter and in the general laws of the State. Procedures for appeals shall be as adopted by such Board.

   (c)   Any person adversely affected by a decision of any City official made in the enforcement of any of the chapters enumerated in subsection (a) hereof may appeal such decision to the Board within ten days from the date that such decision was given, and may appear before the Board at a time and place fixed by the Board. Such appeal must be in writing. Failure to file a written appeal with the Board within the time prescribed shall constitute a waiver of the right of appeal. The Board shall have the power to approve, amend, modify or reverse any decision of such City official.

   (d)   Appeals from the decisions of the Board referenced in subsection (a) hereof shall be to the Court of Common Pleas, as provided by Ohio R.C. Chapter 2506.

(Ord. 2002-45. Passed 8-22-02; Ord. 2004-29. Passed 9-9-04; Ord. 2023-04. Passed 2-9-23.)

   Any variance granted by the Board of Zoning Appeals shall expire within twelve months of approval if construction does not commence within the twelve month timeframe. An extension of up to twelve months may be granted by the Board of Zoning Appeals for just cause.

(Ord. 2023-04. Passed 2-9-23.)