§ 8-3016-2. Powers and duties of the board of adjustment.

The board of adjustment shall have the following powers and duties:

16-2.1.  Administrative review. To hear and decide appeals when it is alleged that there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this ordinance.

16-2.2.  Variances. The board of adjustment may authorize, upon appeal in specific cases, such variances from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement to the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the board of adjustment unless and until:

(a)

A written application for a variance is submitted demonstrating:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography.

(2)

The application of the ordinance to this particular piece of property would create an unnecessary hardship.

(3)

Such conditions are peculiar to the particular piece of property involved.

(4)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the ordinance or the land use plan; provided, however, that no variance may be granted for a use of land or building or structure that is set forth as being excluded or prohibited in a given district by this ordinance.

(b)

Notice of public hearing shall be posted on the property for which the variance is sought and shall be published at least 15 days prior to the public hearing in a newspaper of general circulation.

(c)

The hearing shall be held. Any party may appear in person or by agent or by attorney.

(d)

The board of adjustment shall make findings that the requirements of section 8-3016-2.2(a) have been met by the applicant for a variance.

(e)

The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

(f)

The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(g)

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of the ordinance.

(h)

With respect to uses of land, buildings and other structures, this ordinance is declared to be a definition of the public interest by the Sylvania city council and the spirit of this ordinance will not be observed by any variance which permits a use not generally permitted in the district involved or any use expressly or by implication prohibited by the terms of this ordinance in said district. Therefore, under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

16-2.3.  Actions of board concerning appeals. In exercising the powers set forth in sections 8-3016-2.1 to 8-3016-2.2 above, the board may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the administrative official from whom the appeal is taken.