Administrative procedures and city authority for administering, interpreting and enforcing this code are herein established in order to achieve the following purposes:

   (A)   To provide for the review of site and development plans before obtaining a zoning permit and certificate of occupancy;

   (B)   To provide for the inclusion of necessary facilities, services and additional uses through conditional use permits;

   (C)   To provide for the inclusion of uses which are not specified in this code, but which have characteristics and a land use impact similar to permitted main uses;

   (D)   To assure that no work shall be started on the relocation, construction, reconstruction, or structural alteration of a building, structure or use, until the building or use is found to comply with all the provisions of the zoning code;

   (E)   To assure before construction of new buildings or commencement of a use or occupancy, or before occupancy is continued after alterations or changes in use have been made, that all regulations of the city have been met by requiring a certificate of occupancy; and

   (F)   To provide for enforcement by issuance of orders by the Zoning Administrator.

(Ord. 2003-51, passed 5-20-03)

   It shall be the duty of the Zoning Administrator, or the authorized representative, to enforce this zoning code. He or she shall:

   (A)   Receive applications required by this zoning code;

   (B)   Issue permits and furnish the prescribed certificates;

   (C)   Examine premises for which permits have been issued;

   (D)   Make necessary inspections to see that the provisions of law are complied with;

   (E)   Enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment use and occupancy, and location and maintenance of buildings and structures, except as may be otherwise provided for in this zoning code or Part 14, Building and Housing Code, of the City of Reading Codified Ordinances;

   (F)   Make investigations in connection with matters referred to in this zoning code and render written reports on the same when requested by the Mayor, City Council, or when the interests of the municipality so request;

   (G)   Issue such notices or orders as may be necessary to enforce this zoning code; and

   (H)   Forward findings of fact as to alleged violations of this code to the Law Director.

(Ord. 2003-51, passed 5-20-03)

   (A)   The Planning Commission shall be established and have the powers and duties as set forth below as well as in Chapter 1220 of this Planning and Zoning Code.

   (B)   The Planning Commission shall have the following responsibilities and powers as they relate to this code:

      (1)   Initiate advisable official zoning map changes, or changes in the text of the code where same will promote the best interest of the public in general through recommendation to the City Council.

      (2)   Review all proposed amendments to the text of this code and the official zoning map and make recommendations to the City Council.

      (3)   Review all Planning Development District Applications and make recommendations to the City Council as provided in this code.

      (4)   Review all conditional uses as identified in the respective zoning districts according to provisions and criteria stated in this code.

      (5)   Carry on a continuous review of the effectiveness and appropriateness of this code and recommend such changes or amendments as it feels would be appropriate.

      (6)   Review and act on site plans pursuant to this zoning code.

(Ord. 2003-51, passed 5-20-03)

   (A)   Creation, members and terms of the Board of Zoning Appeals.

      (1)   There is hereby created a Board of Zoning Appeals (BZA). Such board shall consist of five members, to be appointed by the Mayor, all of whom shall be residents of the city. Each term shall be for a five year period. The terms of all members shall be of such length and so arranged that the term of one such appointed member shall serve until his or her successor is appointed. A member appointed to fill a vacancy shall serve for the unexpired term.

      (2)   Members of the BZA shall be removed for nonperformance of duty, misconduct in office, or other causes by City Council upon written charges having been filed with City Council and after a public hearing has been held regarding such charges. A copy of the charges shall be served upon the member so charged at least ten days prior to the hearing, personally, by registered mail or by leaving the copy at his or her usual place of residence. The member shall be given an opportunity to be heard and to answer such charges.

   (B)   Meetings, rules and records of the Board of Zoning Appeals. The BZA shall organize and adopt rules in accordance with this zoning code. Meetings of the BZA shall be held at the call of the Chairman and at such other times as the BZA may determine. The Chairman or, in his or her absence, the acting Chairman may administer oaths and the BZA may compel the attendance of witnesses. All meetings of the BZA shall be open to the public. The BZA shall keep minutes of its proceedings, showing the vote of each member upon each questions or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. Records of actions and reasons for actions shall be transmitted to the City Council, City Engineer, Chief Building Official, Building Inspector, Zoning Administrator and City Planner or his or her representative.

   (C)   Powers of the Board of Zoning Appeals.

      (1)   The Board of Zoning Appeals shall have the following powers and limitations:

         (a)   Hearing and deciding appeals where it is alleged there is an error in an order, requirement, decision or determination made by the Zoning Administrator, or his or her authorized representative in the enforcement of this zoning code.

         (b)   Authorize such variances, upon appeal, from the terms of this zoning code as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this code will result in unnecessary hardship, and so that the spirit of this code shall be observed and substantial justice done. Procedures for variances shall conform to § 1244.12.

         (c)   Appeals taken on the basis of a decision rendered by the Planning Commission on conditional use requests.

      (2)   The Board of Zoning Appeals may call on the several city departments for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance to the Board of Zoning Appeals as may reasonably be required.

(Ord. 2003-51, passed 5-20-03)

   Appeals to the Board of Zoning Appeals may be made by any interested party aggrieved. INTERESTED PARTY as used in this section shall mean the appellant (applicant) and all persons entitled to notice under division (D) below. Such an appeal shall be made as follows:

   (A)   Appeals shall be made to the BZA by filing with the BZA a notice of appeal specifying the grounds thereof.

   (B)   If an appeal is being made as a result of action by the Zoning Administrator, it must be made within 30 days from that action.

   (C)   All documentation, in whatever form, constituting the record upon which the action appealed from was taken shall be transmitted to the BZA.

   (D)   The BZA shall fix a reasonable time for the hearing of the appeal, give ten days notice by first class mail to the parties in interest as well as to all property owners within 250 feet of the subject property.

   (E)   The BZA shall decide the appeal within 30 days after the hearing. This time period may be extended for a period not to exceed 30 days if agreed to by the BZA and applicant.

   (F)   At the hearing, any party may appear in person or by attorney. Any party adversely affected by a decision of the BZA may appeal within 30 days to the Hamilton County Court of Common Pleas on the grounds that such decision was unreasonable or unlawful.

      (1)   In exercising the powers specified in § 1244.05, the BZA may , in conformance with this zoning code, reverse or affirm, wholly or partly, or modify, the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made. To that end, the BZA shall have all the powers of the officer from whom the appeal is taken. Before making any finding in a specific case, the BZA shall:

         (a)   Determine that the proposed change will not constitute a change in the zoning district map;

         (b)   Consider the following factors:

            1.   The adequacy of light and air to the adjacent properties;

            2.   The increase in traffic and possibility of congestion on public streets which might result from the proposed change;

            3.   The affect in property values within the surrounding area; and

            4.   The affect on any aspect of the public health, safety, comfort or general welfare.

         (c)   Every change granted or denied by the BZA shall be accompanied by a written finding of fact, specifying the reason for granting or denying the change.

      (2)   The concurring vote of three members of the BZA is necessary to reverse an order, requirement, decision or determination of the Zoning Administrator or his or her authorized representative, or to decide in favor of the applicant on any matter in which the BZA is required to pass under this zoning code, or to affect any variation in this zoning code.

      (3)   No order of the BZA permitting the erection or alteration of a building shall be valid for longer than six months, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started, and proceed to completion, in accordance with the terms of such permit.

      (4)   No order of the BZA permitting a use of a building or premises shall be valid for longer than six months, unless such use is established within such period. However, where such permitted use is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for such erection or alteration is obtained within such period and such erection or alteration is started, and proceeds to completion, in accordance with the terms of such permit.

      (5)   An appeal shall stay all proceedings in furtherance of the action appealed, unless the Zoning Administrator certifies to the BZA that by reasons of acts stated in the certificate, a stay would, in the Zoning Administrator’s opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the BZA or by the Court of Common Pleas, on notice to the Zoning Administrator or by judicial proceedings, and on due cause shown.

(Ord. 2003-51, passed 5-20-03)

   (A)   Anyone desiring to use land pursuant to this zoning code must obtain a zoning permit. No construction, modification or conversion of land or structures, shall occur without first obtaining a zoning permit. Failure to obtain a zoning permit shall constitute a violation of this zoning code.

   (B)   A permit under which no work is commenced within one year after issuance thereof, shall expire by limitation, and where work is commenced and then abandoned for one year, the Zoning Administrator or authorized representative shall order the incomplete structure to be removed by the owner. Upon failure of the owner to remove the same within six months, such owner shall be guilty of a misdemeanor and subject to the penalty contained in Chapter 1299.

   (C)   An applicant may request from the Planning Commission or City Council, an extension of the zoning permit and zoning certificate of occupancy for one additional year, provided that the request is made prior to the expiration of the first permit and that sufficient information is submitted by the applicant to justify such extension.

(Ord. 2003-51, passed 5-20-03)

   It shall be unlawful for any owner, lessee, or tenant to occupy any structure, building or land, or part thereof, hereafter erected, created, changed, converted or enlarged unless a certificate of occupancy shall have been issued by the Zoning Administrator after inspection.

   (A)   No owner shall use or permit the use of any building or premises, or part thereof, hereafter created, erected, changed, converted on enlarged, wholly or partly, in its character of use or structure, until a zoning certificate of occupancy, which shall be a part of the building permit, has been issued by the Zoning Administrator or authorized representative. Such certificate shall show that such building or premises, or part thereof, and the proposed use thereof, are in conformity with this zoning code. It shall be the duty of the Zoning Administrator or representative, to issue such a certificate, provided that he or she is satisfied that the building and the proposed use thereof conform to this zoning code. No permit for excavation or construction shall be issued by the Zoning Administrator or representative before he or she is satisfied that the plans, specifications and intended use conform to this zoning code.

   (B)   Under such rules and regulations as may be established by the Zoning Administrator or representative, a temporary zoning certificate of occupancy for a part of a building may be issued by him or her.

   (C)   Upon written request from the owner, the Zoning Administrator or representative shall issue a zoning certificate of occupancy for any building or premises existing at the time of enactment of this zoning code, certifying, after inspection, the extent and kind of use made of the building or premises and whether or not such use conforms to this zoning code.

   (D)   Where there is a transfer of ownership or tenancy of premises (land) and/or buildings in the Business and Industrial Districts, no owner or tenant shall use such premises and/or buildings until a zoning certificate of occupancy has been issued by the Zoning Administrator or representative. However, this shall not apply to the continuance of the business or industry of the seller.

   (E)   The fee for a certificate of occupancy is as established by City Council.

(Ord. 2003-51, passed 5-20-03)

   The City Council shall, by ordinance, establish a schedule of fees for zoning permits, amendments, appeals, variances, conditional use permits, plan approvals, and other procedures and services pertaining to the administration and enforcement of this code, after considering the recommendations of the Zoning Administrator with respect to actual administrative costs, both direct and indirect. The schedule of fees shall be posted in the office of the Zoning Administrator, and may be altered or amended only by the City Council. Until all such appropriate fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedure.

(Ord. 2003-51, passed 5-20-03)

   Before a permit is issued for construction, four copies of the site plan at a scale no smaller than 1 inch to 100 feet shall be filed with the Zoning Administrator setting forth, identifying and locating the following:

   (A)   Content of plans. All applications for zoning permits shall be accompanied by four sets of plans, drawn to scale and shall contain the following as a minimum:

      (1)   The total area in the development;

      (2)   The actual shape and dimensions of the lot to be built upon;

      (3)   The existing zoning of the property in question and/or all adjacent properties;

      (4)   The exact size and location on the lot of the buildings and accessory buildings that exist;

      (5)   The lines, or footprints, within which the building or structure shall be erected or altered;

      (6)   The existing and intended use of each building or parts of buildings;

      (7)   The number of families or housekeeping units the building is designed to accommodate;

      (8)   All public and private right-of-way and easement lines located on or adjacent to the property which is proposed to be continued, created, relocated or abandoned;

      (9)   The schedule of phasing of the project;

      (10)   The locations of all existing and proposed buildings in the described parcels, the uses to be contained therein and the total number of buildings including dimensions, heights, gross floor area and number of stories; and

      (11)   And any other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this zoning code.

   (B)   Plan review guidelines. The following principles, where applicable, shall guide the exercise of site plan review:

      (1)   The natural topographic and landscape features of the site shall be incorporated into the plan and the development.

      (2)   Buildings and open spaces should be in proportion and in scale with existing structures and spaces in the area within 250 feet of the development site.

      (3)   A site that has an appearance of being congested, over built or cluttered can evolve into a blighting influence and therefore such should not be congested, over built or cluttered.

      (4)   Open spaces should be linked together.

      (5)   Natural separation should be preserved or created on the site by careful planning of the streets and clustering of buildings using natural features and open spaces for separation. Existing vegetation removal should be kept to a minimum.

      (6)   Screening of intensive uses should be provided by utilizing landscaping, fences or walls to enclose internal areas.

      (7)   Buildings should be sited in an orderly, non-random fashion. Long, unbroken building facades should be avoided.

      (8)   Street location and design shall conform to existing topographic characteristics. Cutting and filling shall be minimized in the construction of streets. Flat as possible grades shall be utilized proximate to intersections.

      (9)   Pedestrian circulation in non-residential areas should be arranged so that off-street parking areas are located within a convenient walking distance of the use being served. Handicapped parking should be located as near as possible to be accessible to the structure. Pedestrian and vehicular circulation should be separated as much as possible, through crosswalks designated by pavement markings, signalization or complete grade separation.

      (10)   Path and sidewalk street crossings should be located where there is a good sight distance along the road, preferably away from sharp bends or sudden changes in grade.

      (11)   Parking lots and garages should be located in such a way as to provide safe, convenient ingress and egress. Whenever possible there should be a sharing of curb cuts of more than one facility. Parking areas should be screened and landscaped and traffic islands should be provided to protect circulating vehicles and to break up the monotony of continuously paved areas.

      (12)   Drive through facilities, such as restaurants and banks, should be located to allow enough automobile waiting space for peak hour operation without interference with other parking lot circulations.

   (C)   Action by the Zoning Administrator and the Planning Commission for plan review.

      (1)   Upon submission of a complete application for plan review to the Zoning Administrator, the application may be transmitted to the Planning Commission where they shall review the site plan to determine if it meets the purpose and requirements as established in this Section, of the zoning district where the proposed or modified use is located, and of any other applicable section of this zoning code. No public notice or public hearing shall be required in conjunction with the review, approval, approval with modifications or disapproval of the site plan.

      (2)   The Zoning Administrator or the Planning Commission shall act upon all site plans within 30 days after the receipt of the complete application from the Zoning Administrator. The Zoning Administrator or Planning Commission may approve, disapprove, or approve with modifications the site plan as submitted. Within the said 30 day period, a majority of the members of the Planning Commission present at a meeting thereof may vote to extend the said period of time, not to exceed an additional 60 days.

      (3)   The application time period shall be considered to have begun upon the receipt of a completed application by the Zoning Administrator.

(Ord. 2003-51, passed 5-20-03)

   In case a building or structure is, or is intended to be, erected, constructed, reconstructed, altered or converted, or in case a building, structure or premises is, or is intended to be, used in violation of or is contrary to this zoning code, the Law Director is hereby authorized, in addition to other remedies set forth in this zoning code, to institute an action to enjoin or proceed with any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use.

(Ord. 2003-51, passed 5-20-03)

   Conditional use permits shall be required for types of uses designated as conditionally permitted in a particular use district. Such particular use may be permitted and desirable in certain districts, but not without consideration in each case of the effect of the use upon neighboring land and the effect the neighboring land will have on the use. The application of the planning standards for determining the location and extent of such use is a planning function, and not in the nature of a variance or appeal. Enumerated throughout this code are certain uses and the districts in which conditional uses may be permitted provided the following standards are fulfilled and a conditional use permit is granted by the Planning Commission.

      (A)   Application contents. The application shall be signed by the owner or applicant attesting to the accuracy of all information supplied by the application. At a minimum, the application shall contain the following information, provided however, that the Zoning Administrator may waive certain submission requirements where it is determined that it is not applicable:

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

      (2)   A boundary survey of the said property;

      (3)   A description of existing use;

      (4)   The present zoning district;

      (5)   A description of the proposed conditional use;

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

      (7)   A statement and supporting documentation describing how the applicant believes that the request conforms to the standards for conditional uses listed in division (C) of this section; and

      (8)   An application filing fee as established by City Council.

   (B)   Action on application. The Planning Commission shall hold a hearing thereon, notice of which may be published in a newspaper of general circulation, and mailed to the last known address of the owners of the property within 250 feet of the parcel for which a conditional use permit is requested at least ten days before the hearing. The application and any reports, covenants, deeds, plans, or other information requested or required in conjunction with or as part of the application shall be submitted to the Planning Commission 30 days prior to the date of public hearing. Failure to timely submit any of the reports, covenants, deeds, plans or other information will result in the continuance of the public hearing to a later date, determined by the Planning Commission, which will allow the Planning Commission, city officials or advisors to evaluate the reports, covenants, deeds, plans or other information in time for the hearing to take place.

   (C)   Standards. In determining whether the issuance of a conditional use permit is warranted, the standards the Planning Commission shall take into consideration are the following:

      (1)   The use will not discourage the development or impair the value of the surrounding and adjacent land and use district(s);

      (2)   The concentration and volume of vehicles in connection with the use will not be more dangerous or hazardous than the usual traffic of the use district;

      (3)   The proposed use must not produce a negative impact upon the abutting or surrounding properties and zoning uses given the characteristics, size, location, intensity and nature of the proposed use and any structure;

      (4)   The location, extent, arrangement and intensity of the proposed use shall be such that its operation will not be objectionable to adjacent and surrounding uses by reason of noise, smoke, dust, odors, fumes, vibrations or glare;

      (5)   The use, arrangement of and location of uses and structures must be compatible with surrounding uses and zones or must be capable of being made compatible through the imposition of conditions;

      (6)   The use and structures must not be detrimental to the health, safety and welfare of the locality involved;

      (7)   The use and structures must conform to the purpose, intent and objectives of this zoning code; and

      (8)   The proposed use is properly located in relation to any adopted master plan, general plan, land use plan, thoroughfare plan, or street plan, particularly in its relation to existing collection and local street systems and pedestrian circulation.

   (D)   Factors.  

      (1)   Factors to be considered in evaluating the standards set forth in division (B) of this section may include, but are not limited to, the following:

         (a)   Land use;

         (b)   Height;

         (c)   Set backs;

         (d)   Business or other activities;

         (e)   Open space;

         (f)   Density;

         (g)   Location of structures and uses on the site;

         (h)   Screening;

         (i)   Signs/advertisements;

         (j)   Paving;

         (k)   Entrances;

         (l)   Hours of operation;

         (m)   Lighting;

         (n)   Landscaping;

         (o)   Fencing/walling;

         (p)   Mechanical systems/HVAC;

         (q)   Dumpster locations; and

         (r)   Parking.

      (2)   The Planning Commission shall issue the conditional use permit if it determines that the proposed conditional use satisfies, or through the imposition of conditions pursuant to this division (D) satisfies, the standards set forth in division (B) of this section. If the Planning Commission determines that such proposed use does not, and with the imposition of conditions will not, satisfy the standards set forth in division (B) of this section, Planning Commission shall deny the issuance of a conditional use permit.

   (E)   Issuance of permit. If the Planning Commission determines that the issuance of a conditional use permit is warranted, the Planning Commission may condition such issuance upon specific requirements and limitations with respect to location, construction, maintenance, landscaping, operation, and other factors and features of the site or the use it deems necessary or appropriate to protect the interests of the community and to ensure satisfaction of the standards set forth in division (B) of this section.

   (F)   Rejection of application. The rejection of an application for a conditional use permit by Planning Commission constitutes the final determination of the city. The approval of a conditional use permit shall become null and void if building permits have not been issued for all buildings and structures within six months after approval of a conditional use permit.

   (G)   Supplementary conditions and safeguards. In granting any conditional use, the Planning Commission 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.

   (H)   Expiration of conditional use permit. A conditional use permit shall be deemed to authorize only one particular conditional use and such conditional use permit shall automatically expire if, for any reason, the conditional use has ceased by discontinuance or abandonment for a period of more than six months.

(Ord. 2003-51, passed 5-20-03)

   The Board of Zoning Appeals (BZA) shall have the power to authorize variances in specific cases as described herein. The Board of Zoning Appeals shall hear and decide all applications for variances from the strict application of this zoning code as will not be contrary to the public interest, and where owing to special characteristics of the property of use, the literal enforcement of this code would result in unnecessary hardship in the case of a use variance, or will result in a practical difficulty in the case of an area variance. In handling variances, it shall be the intent of the Board of Zoning Appeals to see that the spirit of the zoning code is being observed, public safety and welfare secured and substantial justice done. Variances shall not be granted for uses not permitted in the Zoning District applicable to the property where a proper resolution would be to rezone the property to accommodate the requested use. In those cases, an application for rezoning the property is required.

   (A)   Conditions prevailing. Where there are exceptional or extraordinary circumstances or conditions, and the literal enforcement of the requirements of this chapter would involve practical difficulty or would cause unnecessary hardship, unnecessary to carry out the spirit and purpose of this code, the Board of Zoning Appeals shall have power to relieve such hardship. In authorizing a variance, the Board of Zoning Appeals 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 code and in the public interest. In authorizing a variance, with attached conditions, the Board of Zoning Appeals shall require such evidence and guarantee or bond as it may deem to be necessary, to enforce compliance with the conditions attached.

   (B)   Findings of the Board of Zoning Appeals. No such variance of the provisions or requirements of this chapter shall be authorized by the Board of Zoning Appeals unless the Board of Zoning Appeals finds, that ALL of the following facts and conditions exist:

      (1)   Exceptional circumstances. Where, by reason of the exceptional narrowness, shallowness, or unusual shape of a specific piece of property on the effective date of this code, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, 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 on the same zoning district.

      (2)   Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights which are possessed by other properties in the same zoning district and in the same vicinity.

      (3)   Absence of detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this code or the public interest.

      (4)   Not of general nature. That the condition or situation of the subject property, or the intended use of the property, for which variance is sought, is not of so general or recurrent a nature as to make reasonably practical the formulation of a general regulations for such conditions or situation.

   (C)   Application for variance. A variance from the terms of this code shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Zoning Administrator. The application shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied by the application. The application shall contain the following information as a minimum:

      (1)   The name, address and telephone number of the applicant;

      (2)   A survey of the property in question by a person licensed in the State of Ohio to perform land surveys as may be required by the Chief Building Official or Zoning Administrator;

      (3)   A description of the nature of the variance requested;

      (4)   A statement demonstrating that the requested variance conforms to the standards set forth in division (B) of this section; and

      (5)   A fee as established by City Council.

   (D)   Supplementary conditions and safeguards. In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this code. Violation of such conditions and safeguards when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this code and punishable under Chapter 1299. 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 code in the district involved, or any use prohibited by the terms of this code in such district.

   (E)   Public hearing by the Board of Zoning Appeals. The Board of Zoning Appeals shall establish a date for a public hearing within ten days after the receipt of an application for a variance. The hearing on the variance shall be held within 30 days of receipt of application for the variance.

   (F)   Notice of public hearing in newspaper. Before holding the public hearing required in division (E) of this section, notice of such hearing shall be given by publication in a newspaper of general circulation in the city 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.

   (G)   Notice to parties of interest. Before holding the public hearing required in division (E) of this section, written notice of such hearing shall be mailed by first class mail or hand delivered before the day of the hearing to the property owner, the petitioner and all property owners located within 250 feet in any direction of the property upon which an application for a variance has been filed. The failure to mail or deliver the notification as provided in this code shall not invalidate any such notice.

   (H)   Action by Board of Zoning Appeals.

      (1)   Within 30 days or as soon thereafter as is reasonable, following the public hearing required in division (E) of this section, the Board of Zoning Appeals shall either approve, approve with supplementary conditions as specified in division (D) of this section, or disapprove the request for a variance in writing to the applicant.

      (2)   All documents, plans or other materials submitted to or considered by the Board of Zoning Appeals shall be part of the record of any public hearing required in division (E) of this section. The Board of Zoning Appeals may include a staff report submitted to the board in the public record by accepting such report by majority vote of its members to ensure a complete record of its proceedings. If the request for a variance is disapproved by the Board of Zoning Appeals, the applicant may seek relief through the Court of Common Pleas. Failure to act within 30 days shall not constitute an approval of the variance.

(Ord. 2003-51, passed 5-20-03)