ARTICLE 11

APPEALS AND VARIANCES

SECTION 1101 AUTHORITY AND JURISDICTION

The Zoning Board is hereby authorized to act as the administrative board

empowered to hear and determine all applications for variances from the

specific requirements of this Ordinance, pursuant to Section 713.11 of the

Ohio Revised Code.

The Village Council retains the power to act as the Board of Zoning

Appeals to hear and determine appeals from the decisions of the Zoning

Board in regard to the issuance of Zoning Permits, appeals from the

decisions of the Zoning Board upon applications for variances, and

appeals from any other decision of the Zoning Board concerning the

interpretation and administration of this Ordinance.

SECTION 1102 STANDARDS FOR VARIANCES

The Zoning Board may authorize, upon application, and in specific cases,

variances from the specific requirements of this Ordinance where, owing

to special conditions, a literal enforcement of this Ordinance will result in

unnecessary hardship. Variances will be granted only where it is also

shown that such variance will not be contrary to the public interest and in

the granting of the variance, the spirit of this Ordinance will be preserved

and substantial justice done.

SECTION 1103 APPLICATION FOR VARIANCE AND PROCEDURE

A. Written application for a variance must be submitted to the Zoning Board

with a copy of the application provided to the Zoning Inspector by this

applicant. Every application shall contain the following:

1. Name, address and phone number of the applicant.

2. Legal description of the property for which the variance is sought.

3. Description of the specific nature of the variance requested.

4. A narrative statement stating the reasons why the requested variance

meets the standards for variances set forth in Section 1102 of this

Ordinance.

5. The proper fee for application as established pursuant to Section 1004

of this Ordinance.

B. Within 30 days after the receipt of an application for a variance, the

Zoning Board shall hold a public hearing and determine whether or not

the variance shall be granted or denied. Notice of the hearing shall be

published as provided by law and written notice of the date, time and

location of the hearing will be sent by regular U.S. mail to the applicant at

the address stated in the application and to all other parties in interest at

least 10 days before the date of the hearing.

C. In granting any variance, the Zoning Board may prescribe reasonable

conditions for the variance which are in conformity with the spirit of this

Ordinance. Violation of any such conditions which are made a part of the

variance shall be deemed a violation of this Ordinance and shall be

enforceable and punishable as provided in Article 10 of this Ordinance.

SECTION 1104 PROCEDURE FOR APPEALS

A. Filing and Appeal:

1. An appeal from a decision of the Zoning Board may be taken by any

person aggrieved by the decision or by any officer of the Village.

Such appeal shall be taken by filing a notice of appeal specifying the

decision appealed from and the specific grounds upon which the

appeal is being taken with the Zoning Board and the Village Council

within 20 days after the decision.

2. The proper fee for an appeal as established pursuant to Section 1004

of this Ordinance must accompany the notice of appeal filed with

Village Council or the appeal will be subject to dismissal by Council.

3. Upon the filing of an appeal, the Zoning Board shall transmit all

appropriate documents and records relating to the decision to the

Village Council.

B. Hearing:

1. Village Council shall hold a public hearing upon the appeal within 30

days after receipt of the notice of appeal. The hearing may be at a

regular or special meeting of Council.

2. Notice of the hearing shall be published as provided by law with

written notice by regular U.S. mail to the person taking the appeal and

any other parties in interest at least 10 days prior to the date of the

hearing.

C. Action by Village Council:

1. Within 10 days after the hearing required above, the Village Council

shall either affirm or reverse the decision of the Zoning Board from

which the appeal is taken.

2. In any decision granting an appeal, zoning permit or variance, the

Village Council may prescribe reasonable conditions and safeguards

which are in conformity with the spirit of this Ordinance which shall

become a part of the decision. Violation of any such conditions and

safeguards shall be deemed a violation of this Ordinance and shall be

enforceable and punishable as provided in Article 10 of this Ordinance.

SECTION 1105 STAY OF PROCEEDINGS

The filing of an appeal shall stay all actions and proceedings in

furtherance of the action appealed from, unless the Zoning Board certifies

to the Village Council that by reason of facts stated in the certificate or

application, a stay would cause imminent peril to life or property. In such

case, proceedings shall not be stayed except upon order of Village Council

or order of a court of competent jurisdiction.