150.132     POWERS OF THE BOARD.

The board shall have the power to hear and decide applications in accordance with the provisions of this chapter as follows:

A.   Exceptions.

1.       Nonconforming uses.  The extension of a nonconforming building upon a lot occupied by such building or on an adjoining lot, provided that such lot was under the same ownership as the lot in question at the time the use of such building became nonconforming, and that such extension is necessary and incidental to such existing nonconforming use; and provided that the extent of such extension shall not exceed in all twenty percent (20%) of the existing ground floor area of the existing building devoted to a nonconforming use and that such extension shall be within a distance of not more than twenty-five feet (25') of the existing building or premises, and provided further only one (1) such extension will be permitted.

2.       Nonconforming trailer communities can be expanded by increasing the number of trailers by not more than twenty percent (20%) over the number at the date of the passage of this chapter.

3.       Notwithstanding any other provision of this chapter the board of zoning appeals shall have the power to grant a variance for setback requirements to any owner of property.

B.   Extension of use on border of district.

1.       The extension of a use or building into a more restricted district immediately adjacent thereto but not more than twenty-five feet (25') beyond the dividing line of the two (2) districts, under such conditions as will safeguard development in the more restricted district.

2.       The extension of a use or building into a more restricted district when the district boundary divides a lot or lots in single ownership at the time of the adoption of this chapter. Such extension shall not be for more than twenty-five feet (25') or to the edge of the divided lot, whichever is greater.

B.     Temporary structures and uses.  The temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this chapter for the district in which it is located; provided that such use be of a temporary nature and does not involve the erection of a substantial structure.  A zoning certificate for such use shall be granted in the form of a temporary and revocable permit for not more than a twelve (12) month period, subject to such conditions as will safeguard the public health, safety, convenience, and general welfare.

C.      Variances.  The board shall have original jurisdiction to grant variances from the provisions or requirements of this chapter as may be required to afford justice and avoid reasonable hardship.

1.     In exercising its authority under this section, the board must first find:

a.       The existence of practical difficulties or unnecessary hardship or, where due to peculiar circumstances, strict enforcement will cause needless expense, difficulty, or hardship without serving any useful public purpose; or

b.       That the grant of a variance will be in the best interest of the neighborhood and community.

2.       If the board finds the existence of either a or b above, the board must also find the granting of the variance will be in harmony with the general purpose and intent of the chapter.

3.       Examples of situations in which the board might grant a variance are determination that by reason of exceptional narrowness, shallowness, unusual shape of a specific piece of property on the effective date of this chapter or by reason of topographic conditions or other extraordinary situations or conditions of such piece of property, or the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this chapter would involve practical difficulties or cause undue hardship unnecessary to carry out the spirit and purpose of this chapter.

4.       The board may find other situations meeting the standards set forth above.

5.       The zoning inspector shall have no authority to grant variances.  If application for a permit is made which does not meet the requirements of this chapter the zoning inspector shall inform the applicant and reject the application.  The applicant may either appeal to the board of zoning appeals from the zoning inspector's determination that the application does not comply with this chapter, or the applicant may apply directly to the board of zoning appeals for a variance, or may do both.  In exercising its variance power, the board may impose such reasonable conditions upon the applicant, as it deems necessary to accomplish the purposes of this chapter.

6.       The board may also grant a variance in an R-2 District for the construction of a two-family dwelling if it finds that there is a minimum lot area of 9,000 square feet and all other bulk and density regulations in an R-2 Zone can be applied and if it finds the evidence of either the practical difficulties or unnecessary hardship or peculiar circumstances set forth in 1a above, or that the granting of the variance will be in the best interests of the neighborhood and community as set forth in 1b above.

E.   Appeals to the board.

1.       An appeal to the board may be taken by any party in interest or by the city attorney in matters of interpretation or administration of this chapter.  The appeal shall be taken from the decision of the zoning inspector by filing a notice of appeal with the zoning inspector and with the board within twenty (20) days from the zoning inspector's decision.  The notice of appeal shall specify 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. If the appeal is from the action of the zoning inspector in granting a zoning permit, the time for appeal shall not begin to run until a sign is posted on the premises showing that a permit has been granted.

2.       An appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning inspector shall certify to the board of zoning appeals, after the notice of appeal shall have been filed with it, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property; in which case proceedings shall not be stayed otherwise than by a restraining order from a court of general jurisdiction.

3.       The board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination appealed from and shall make such order, requirement, decision, or determination as in its opinion ought to be made in the premises; and to that end, shall have all powers of the zoning inspector from when the appeal is taken.

4.       The board shall hear all appeals arising from the jurisdiction granted in 152.52.

5.       The board may grant a variance on Section 150.55F only in an M-District.  The board’s authority is limited because there is no natural drainage for the City, so storm water drainage controlled by maintaining approved grading plans with asphalt or concrete driveways, off-street parking, loading or storage areas.  In addition, the dust associated from dustless surfaces is a public health nuisance incompatible with any R, S, I, or B District.  The granting of such a variance is limited to the board finding, in addition to division 1 and 2 above that all the following conditions are met:                               

a. That the property is no closer than one thousand (1000) feet to any R or S-1 or S-5 District;

b. The facts in evidence support that the parking, loading, or storage area will not average traffic greater than one (1) vehicle per hour;

c. That the paving of the parking, loading, or storage area, because of the nature of the items parked, stored, or loaded, that an asphalt surface would not withstand the weight of the items or vehicles or that the minimum depth of the concrete would have to exceed six (6") because of the weight of the vehicles being loaded or used to move the stored items; and

d. That an agreement for annual dust control, as approved by the City engineer and annual inspection by a project inspector, has been recorded with the deed to the property.

F.   Fees.

1.       An appeal from a decision of the zoning inspector shall be accompanied by a fee of $50.00.

2.      The fees payable under this section shall be paid, by the appellant, to the fiscal officer of the city for deposit to the credit of the general fund.  Copies of proceedings and transcripts shall be made available at the cost of preparing such reproductions.

G.  Appeals from the board of zoning appeals.  Appeals from the board of zoning appeals shall be to the county court of common pleas as provided by R.C. 2506