Springboro City Zoning Code
CHAPTER 1285
Variances and Appeals
1285.01 POWERS OF THE BZA REGARDING APPEALS; VOTING REQUIREMENTS.
In exercising the powers set forth in this Chapter, the Board of Zoning Appeals may, so long as such action is in conformity with this Zoning Code, reverse or affirm, wholly or partly, or modify, an order, requirement, decision or determination of the Zoning Inspector and to that end shall have the powers of the Zoning Inspector. The concurring vote of 5 members of the Board is necessary to appeal and reverse any order, requirement, decision or determination of the Zoning Inspector as outlined in this Chapter. The concurring vote of 4 members of the Board is necessary to decide in favor of the applicant on any matter upon which it is required to pass under this Zoning Code or to effect any variance in the application of this Zoning Code as outlined in this Chapter. (Ord. 0-15-4. Passed 2-19-15.)
1285.02 APPEALS.
The Board of Zoning Appeals shall hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of this Zoning Code. Appeals to the Board of Zoning Appeals concerning the interpretation or administration of this Zoning Code may be taken by any person aggrieved or by any officer or bureau of the governing body of the City affected by a decision of the Zoning Inspector. Such appeals shall be taken within a reasonable time, not to exceed 60 days or such lesser period as may be provided by the rules of the Board, by filing with the Zoning Inspector and with the Board a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. The Board shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest in accordance with Section 1285.04, and decide the same within a reasonable time. At the hearing, any party may appear in person or by an agent or attorney. (Ord. 0-15-4. Passed 2-19-15.)
1285.03 STAY OF PROCEEDINGS.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector, from whom the appeal is taken, certifies to the Board of Zoning Appeals, after the notice of appeal is filed with him or her, that by reason of facts stated in the certificate, 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 a restraining order which may be granted by the Board or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken and on due cause shown. (Ord. 0-15-4. Passed 2-19-15.)
1285.04 VARIANCES.
The Board of Zoning Appeals is hereby authorized to authorize, upon appeal in specific cases, a variance from this Zoning Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this Zoning Code would result in a practical difficulty. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance. A variance from this Zoning Code shall not be granted by the Board unless and until the following procedure is followed.
(a) Application. A written application for a variance.
(b) Schedule a Public Hearing. A Public Hearing shall be scheduled within 60 days of filing the application.
(c) Notice of Public Hearing. Before holding the Public Hearing, notice of such hearing shall be given at least 15 calendar days before the date of such hearing. The owner of the property for which the application is made, or his or her agent, shall be notified by general mail or personal delivery. Notice of such hearing shall be posted on the property for which the application is made, at the Municipal Building, and in other locations required under City Code Section 224.01, Posting Places, at least 15 days prior to the Public Hearing.
(d) Public Hearing. The Board of Zoning Appeals shall hold a Public Hearing in accordance with state law. Any party may appear in person or by an agent or attorney.
(e) Findings of the Board of Zoning Appeals. The Board shall make findings that the following requirements have been met by the applicant for a variance:
(1) 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.;
(2) A literal interpretation of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under this Zoning Code;
(3) The special conditions and circumstances do not result from the actions of the applicant; and
(4) Granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Code to other lands, structures or buildings in the same district.
(Ord. 0-15-4. Passed 2-19-15.)
1285.05 SUPPLEMENTARY CONDITIONS AND SAFEGUARDS FOR VARIANCES; PROHIBITED USES.
In granting any variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. A violation of any of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Code, punishable under Chapter 1288. Under no circumstances shall the Board grant a variance to allow a use not permissible under this Zoning Code in the district involved, or any use expressly or by implication prohibited by this Zoning Code in such district.
(Ord. 0-15-4. Passed 2-19-15.)