§ 152.445. RULES FOR GRANTING VARIANCES.

The following rules shall be applied in the granting of variances.

(A) In granting a variance, the Zoning Board of Appeals shall specify, in writing, to the applicant the conditions of approval that will, in its judgment, ensure the purpose and intent of this chapter are met. The breach of any conditions shall automatically invalidate the permit granted.

(B) The Zoning Board of Appeals may, upon review and public hearing, and unless good cause can be shown, declare a variance null and void if construction authorized by the variance has not commenced within one year after the date of approval and been pursued diligently to completion.

(C) No application for a variance that has been denied wholly or in part by the Zoning Board of Appeals shall be resubmitted for a period of one year from the date of last denial, except on the grounds of newly discovered evidence or proof of changed conditions found upon inspection by the Zoning Board of Appeals to be valid.

(D) In authorizing any variance, the Zoning Board of Appeals may require that a performance bond be furnished to insure compliance with the requirements, specifications and conditions imposed (see § 152.026).

(Ord. 37, passed 8-28-2005; Ord. 87 ZBA, passed 3-23-2009)