Boston Township

908.01 The Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of this Resolution and will not be contrary to the public interest according to the following procedures: a. Application Requirements. An application for a variance shall be filed with the Zoning Inspector for review by the Board of Zoning Appeals upon the forms promulgated and provided by the Board, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested variance: 1. Name, address and phone number of the applicant(s); 2. Proof of Ownership, legal interest or written authority; 3. Description of property or portion thereof; 4. Description or nature of variance requested; 5. Narrative statements establishing and substantiating the justification of the variance pursuant to subsection (b) below; 6. Site plans, floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance; 7. Payment of the application fee as set forth in the Zoning Schedule Fee as adopted by the Township Trustees and is available online; 8. Any other documents deemed necessary by the Zoning Inspector. The Board of Zoning Appeals may request that the applicant supply additional information that the board deems necessary to adequately review and evaluate the request for a variance. b. Review by the Board. According to the procedures established for appeals in Chapter 907 the Board shall hold a public hearing and give notice of the same. The Board shall review each application for a variance to determine if it complies with the purpose and intent of this Resolution and evidence it demonstrated that the literal enforcement of this Resolution will result in practical difficulty or unnecessary hardship, depending upon the type of variance sought. 908.02 Required Findings for a Variance a. When considering a request for a variance the Board shall be subject to powers and limitation of powers set forth in the Ohio Revised Code and further subject to the required findings set forth in subparagraph (b) or subparagraph (c) depending on the type of variance sought. The applicant for a variance shall have the burden of proof in these proceedings. b. No variance to the provision or requirements of the Zoning Resolution pertaining to area zoning requirements such as frontage, setback and height shall be granted by the Board unless the Board has determined that a practical difficulty exists or will result from a literal enforcement of the Zoning Resolution. The factors to be considered and weighed by the Board in determining whether a property owner, seeking an area or set back variance, has proved practical difficulty include: 1. Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures or conditions; 2. Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance; 3. Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures; 4. Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment if the variance is granted; 5. Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup; 6. Whether special conditions or circumstances exists as a result of actions of the owner; 7. Whether the property owner’s predicament feasibly can be obviated through some method other than a variance; 8. Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance; and 9. Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district; 10. Whether the property owner purchased the property with knowledge of the zoning restrictions. c. The Board may authorize a use variance, in specific cases, for the strict application of the zoning Resolution provided that it has considered the factors enumerated in subparagraph (b) through (9) above, and further provided that all conditions enumerated in (1) through (7) below have been met; 1. The variance requested stems from a condition which is unique to the property at issue and not ordinarily found in the same zone or district; 2. The hardship condition is not created by actions of the applicant; 3. The granting of the variance will not adversely affect the rights of adjacent owners; 4. The granting of the variance will not adversely affect the public health, safety or general welfare; 5. The variance will be consistent with the general spirit and intent of the zoning code; 6. The variance sought is the minimum which will afford relief to the applicant; and 7. There is no other economically viable use which is permitted in the zoning district. 908.03 Conditions and Safeguards The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the variance applies will be met. 908.04 Action by the Board The Board shall either approve, approve with supplementary conditions as provided in Section 907.4, or disapprove the request for variance according to the procedures established for appeals in Chapter 907. The Board shall further make a finding in writing that the reasons set forth in the application justify the granting of the variance that will make possible reasonable use of the land, building or structure. If a variance has been denied by the Board, the Board shall also list the reasons in writing that justify the denial of the variance. The board need not reconsider the same or substantially similar request for a variance if resubmitted within one year after the date of the decision, unless the underlying conditions have substantially changed. 908.05 Findings and Conclusion of Fact Any interested party to an appeal or an application for a variance may make written request that the Board issue findings and conclusions of fact in support of any final decision entered by the Board. Any request for findings and conclusions of fact must be made in writing within ten (10) calendar days of the Board’s decision. Upon receipt of a request for findings and conclusions of fact, the Board shall issue such findings and conclusions within fifteen (15) days of such receipt. Nothing herein shall extend the time for the filing of an appeal pursuant to the Ohio Revised Code. 908.06 Terms: Modification and Renewal of Variance Variances shall be non-assignable and shall expire one year from the date of their enactment, unless prior thereto, the applicant commences actual construction in accordance with the granted variance. There shall be no modification of variances except by further consideration of the Board of Zoning Appeals. Requests for renewal of expired variances shall be considered to be the same as an application for a variance and shall meet all requirements for application and review pursuant to this section and the Board shall not be bound by its prior decision. 908.07 Appeals to Court Decisions by the Board of Zoning Appeals granting or denying variances shall be final within the Township, except that an appeal there from may be taken to the Court of Common Pleas of Summit County, Ohio pursuant to the Ohio Revised Code by any interested party, including the Township and its officials. 908.08 Fees The fee is as set-forth in approved fee schedule adopted by the Township Trustees and is available on line.