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ORDINANCE NO. 96- 10 - <br />INTRODUCED BY: Mayor Rinker and Council as a Whole <br />AN EMERGENCY ORDINANCE <br />AMENDING SECTION 1105.02 AND 1113.25 OF THE <br />CODIFIED ORDINANCES RELATIVE TO THE GRANTING <br />OF VARIANCES BY THE BOARD OF ZONING APPEALS <br />WHEREAS, the voters of Mayfield Village have amended the <br />Charter with respect to the manner in which decisions are made by <br />the Zoning Board of Appeals; and <br />WHEREAS, such Charter amendments will require an amendment to <br />the Codified Ordinances where the code is currently inconsistent. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF MAYFIELD <br />VILLAGE, OHIO, THAT: <br />SECTION 1. That Section 1105.02 is hereby and herein amended <br />to read as follows: <br />1105.02 GRANTING VARIANCES. <br />(a) The Board of Appeals shall have no power or <br />authority to grant any change of or variance in any land use <br />or classification of district from the existing zoning <br />ordinances or the Zoning Map of the Municipality, or to permit <br />any land use to become nonconforming therewith. T„ =___=„g fer <br />a aS@ Er ia»iftEatt6ix +. L.-rrccsa ; ,,. ; ,.?- ,-. f6r S3ngle fC3^; ? . ?--1' - --; -----a ,.,, <br />-- - <br />lcazic <br />pur-p6r-JeS `.'++lY r th.. n,..,,..a 8??? <br />vari anePs carth <br />6?' eth??Stircrctus@"Tthc-51ze 6f- p3r-E^cis, 3nd cirE Srce, <br />l@2ati.. .. a i..,, lk ..# i.. u_ la _'J- a,.,a ..+-t-, ..,.. c.tr-uecure... in- ,-. - a . .. J <br />pPre2nti3ge--6f l6t-B@?paney, sGitbuelrz lii , i <br />e$tt?'"t,. _ ...a ,.,ther epen Spaee5-, pr6vidEd that ne sueh ehanges er <br />v-?ri-anees s'- ??be-granted by th <br />eth=T;Len-ing-e-r-land--us-e e1-assifreatien-eistr-z-et. <br />(b) Any property owner, or person with a lawful interest <br />in a subject progerty, may appeal the decision of the Buildinq <br />Commissioner or Planning Commission for the purpose of <br />obtaining an exception to, or variance from, the application <br />of resolutions, ordinances, regulations, building codes, <br />measures and orders of administrative officials or agencies <br />ctoverning zoning and building codes in the Village. <br />(c) No variance or exception to the codes of the Villaqe <br />shall be considered by the Board until notice of the request <br />has been sent to all property owners within 300 feet and all <br />adjoining and facing property owners. However, lack of <br />service on any random property will not nullify any variance <br />granted by the Board. <br />(d) After the Board has rendered its decision on a <br />particular case, any interested party may appeal the decision <br />of the Board to the Village Council within ten (10) days of <br />receiving notice of such decision, or approval of the minutes <br />at which such action was determined, whichever is the earlier.