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Clark County, OH Zoning Regulations
Variance Review Criteria, effective 12-4-2020
A submitted variance application must include written response to items 903.03.021.1 thru 903.03.021.8.
903.03.02 Variances. To authorize upon appeal by reasons of exceptional narrowness, shallowness, shape,
topographic conditions, or other extraordinary situation or condition of a lot, a Variance from strict application
of the provisions of these Regulations to relieve exceptional difficulties or undue hardship, provided said relief
can be granted without substantial detriment to the public good and does not substantially impair the intent of
these Regulations.
903.03.021 Findings Of Facts: The factors below shall be considered and weighed by the Board of Zoning
Appeals in determining whether the strict application of any provision of these Regulations would result in a
practical difficulty, which in turn deprives the property owner of an allowed use of the property. [rev. 11-4-2020]
903.03.021.1 The subject property cannot yield a reasonable return and there can be no beneficial use of
the property without a variance, the variance would relieve a clearly demonstrable situation where strict
application of these Regulations created a practical difficulty that will deprive the property owner of
economically viable use of the land, as distinguished from a special privilege or convenience to the owner.
903.03.021.2 The requested variance is not substantial.
903.03.021.3 The essential character of the neighborhood will not be substantially altered or suffer a
substantial detriment as a result of the variance.
903.03.021.4 The requested variance will not adversely affect the delivery of governmental services
such as police and fire protection, water and sewer services, and solid waste regulation and disposal.
903.03.021.5 The property owner purchased the subject property without knowledge of the zoning
restriction(s).
903.03.021.6 The property owner’s predicament feasibly can be obviated through some method other
than granting a variance.
903.03.021.7 The subject property possesses a condition(s) involving irregular, narrow, shallow or
steep lots, or other exceptional physical conditions and because of such exceptional physical conditions,
strict application of a provision or provisions of these Regulations would be unreasonable.
903.03.021.8 The spirit and intent behind the zoning requirement will be observed and substantial
justice done by granting the requested variance(s).
903.03.021.9 Such other factors as the BZA may determine have a bearing on establishing practical
difficulty.
903.03.021.10 The proposed Variance will not constitute a change, including a variation in use, on the
Official Zoning District Map(s). In no case shall the Board of Zoning Appeals approve a Variance for a
use which is not a Permitted Use, Conditioned or Conditional Use in the Zoning District in which the
property, building, or structure is located.
