(B)   Composition, appointment, term. The Board shall consist of seven members appointed by the Mayor and approved by Council. Each member shall be appointed for a period of three years, except that two of the initial members shall be appointed for two years. The term of at least two members expire each year. In the event of death or resignation of a member, the Mayor, with the approval of Council, shall make the appointment for the duration of the unexpired portion of the term of the member. The members of the Board shall be residents of the city and shall serve without compensation. No member may also be a member of the Planning Commission.

(Ord. 16-167, passed 2-7-17)

   The Board of Zoning Appeals, as herein created, is a body of limited powers.

      (1)   Special conditions or unusual circumstances exist, which create practical difficulties in complying with the standard zoning requirements. The special conditions or unusual circumstances are peculiar to the land, building or other structures involved and are not generally applicable to other lands, structures, or buildings in the same district.

      (2)   The literal interpretation and enforcement of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by similar property owners in the same zoning district.

      (3)   The special conditions and unusual circumstances leading to the practical difficulties were not created by actions of the applicant.

      (4)   Granting the variance will not adversely impact the delivery of public services.

      (5)   Granting the variance will be consistent and harmonious with the general purpose and intent of the zoning code; and will not alter the essential character of the land; will not have a substantially adverse impact on neighboring properties; or otherwise be detrimental to the public welfare.

      (6)   The zoning code, as applied to the applicant’s property, is inequitable and creates a practical difficulty that cannot be reasonably alleviated by other means and the variance is the minimum required to relieve the practical difficulty and make possible the reasonable use of the land, building or structure.

(Ord. 16-167, passed 2-7-17)

   In exercising the above-mentioned powers, the Board of Zoning Appeals may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector or Planning Commission from whom the appeal is taken, subject to the limitations set forth in § 154.563.

(‘65 Code, § 1311.08) (Ord. 16-167, passed 2-7-17)

   (B)   The Board may not grant a variance to allow any of the prohibited use classes as listed in § 154.016.

   (C)   The Board may issue a variance for the extension of a structure or use into a more restricted zoning district, but not more than 25 feet beyond the boundary line of the district in which such use is authorized, where a use district boundary divides a lot in single ownership. Such variance may only be authorized where the use proposed is permitted or conditionally permitted in the zone for which the structure extension is proposed.

   (D)   The Board may issue a variance for the expansion of structures or construction of new structures on premises devoted to a nonconforming use where the cost of such expansion during any ten-year period does not exceed 50% of the value at which the existing structures stand on the tax duplicate, or the value of the structure as determined by appraisal or in any one-year period to an extent exceeding 30% of such value, and together with such conditions as the Board may deem appropriate to minimize the nonconforming character of the use.

   (E)   The Board may issue a variance for the erection or temporary placement of buildings, or the use of structures and premises in residential districts that do not conform to the regulations of such districts, for a period of not more than 18 months where such structures are temporary only and uses are clearly incidental to and necessary for residential development.

   (F)   The Board may not grant a variance to § 154.073 reducing the setback between a proposed habitable structure and an existing oil well, gas well or an oil or gas storage tank or battery of tanks to less than 100 feet.

(Ord. 16-167, passed 2-7-17)

   In any case in which a request for a variance is granted by the Board wherein the acquisition and use of additional adjacent land is a prerequisite for the granting of such a variance, then such additional land must be in the same ownership or be under a non- revocable lease for a term specified by the Board. The variance shall be valid only so long as this condition exists. If later conditions justify, such joined land may be separated by the Board.

(Ord. 16-167, passed 2-7-17)

      (1)   Name and address of the appellant or applicant and/or his representative.

      (2)   Description of the property involved.

      (3)   Description of the nature of the appeal or variance requested.

      (4)   In cases of variances or conditional zoning appeals, a narrative statement demonstrating the compatibility of the variance with neighboring properties is required.

      (5)   Plans of the site indicating the location of all buildings, parking and loading areas, traffic access and circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, and/or such other information necessary to properly evaluate the request.

      (6)   A nonrefundable fee, payable in cash or certified check, to reimburse the city for such expenses as clerical, drafting, engineering, investigation, public notice and hearing, and advertising incidental to the processing of the appeal or application. A schedule of fees is available from the Zoning Inspector and is listed in § 154.540.

(Ord. 16-167, passed 2-7-17)

   The Board of Zoning Appeals shall hold a public hearing on each appeal and written notice of the hearing shall be sent by the Zoning Inspector by first class mail at least ten days before the date of the hearing to the owners of property within and contiguous to and directly across the street from the property which is the subject of the appeal. Such written notices shall be mailed to the addresses of such owners appearing on the current tax list of the county. The Board, at its discretion, may provide public notice through advertisement in a general circulation newspaper or send out additional notices to publicize a hearing. The Board may recess the hearing from time to time and, if the time and place of the continued hearing is publicly announced at the time of recess, no further notice will be required. The failure of delivery of such notice will not invalidate any action taken by the Board on such appeal.

(Ord. 16-167, passed 2-7-17)

   (A)   Each appeal received by the Board of Zoning Appeals shall be acted upon by it within 60 days from the date it is filed with the Board unless extended by the Board for an additional 60 days.

   (B)   Any variance granted by the Board shall be automatically cancelled if not exercised within 18 months following its passage or if the area in which the property is located is rezoned before it is exercised. Any time thereafter an appeal or application voided by the above provisions may be renewed by the Board, giving consideration to changes in the neighborhood and/or zoning.

(Ord. 16-167, passed 2-7-17)

   Any appeal or variance granted by the Board of Zoning Appeals shall not be a personal grant to the applicant, but shall run with the land.

(Ord. 16-167, passed 2-7-17)

   (A)   The Board of Zoning Appeals shall act in accordance with the procedures specified by law, including this chapter. The Board shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote, it shall indicate such fact.

   (B)   All appeals and applications made to the Board shall be in writing and on the forms prescribed therefor. Every appeal or application shall refer to the specified provision of the Zoning Code involved, and shall exactly set forth the interpretation that is claimed, the use for which the certificate or conditional certificate is sought or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.

(Ord. 16-167, passed 2-7-17)

   Any person or persons, or any board, taxpayer, department, or bureau of the city aggrieved by any decision of the Board of Zoning Appeals may seek review by a court of record of such decision in the manner provided by the laws of the State of Ohio, particularly by the administrative appeals section of the Ohio Revised Code.

(Ord. 16-167, passed 2-7-17)