§ 1445-30. De Minimis Variance.  


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  • Where a minor or de minimis variance could be achieved only at unreasonable expense or inconvenience to an applicant, the Director of City Planning and Buildings may grant a de minimis variance without a public hearing or written decision upon determining that the de minimis variance is in harmony with the general purposes and intent of the Cincinnati Zoning Code, is in the public interest, and would not enlarge a previously granted variance. A de minimis variance is defined as the lesser of (a) a ten percent (10%) or (b) a ten foot (10') deviation from the prescribed dimensional requirement or standard. This Section 1445-30 shall operate to permit the Director of City Planning and Buildings to grant a de minimis variance exclusively from the general site standards set forth in Chapter 1421, the development regulations set forth in Cincinnati Zoning Code Sections 1403-07, 1405-07, 1407-07, 1409-09, 1410-07, 1411-07, 1413-07, 1415-09, 1416-07, 1417-07, and the dimensional and height requirements set forth in Cincinnati Zoning Code Sections 1427-23, 1427-25, 1427-26, 1427-27, 1427-29, 1427-33, 1427-35, 1427-37, and 1427-39, and from no other section of the Cincinnati Zoning Code. The Director of City Planning and Buildings shall not be permitted to grant a de minimis variance on any lot or for any structure located in a Hillside Overlay District, Historic Overlay District, or Urban Design Overlay District, or for a floor area ratio or averaged setback. Nothing contained herein shall be construed to in any way affect the authority of the Director of City Planning and Buildings to grant a minor amendment to a Concept Plan or a Final Development Plan as provided for in Sections 1429-12 and 1429-21. An applicant for a de minimis variance shall apply directly to the Director of City Planning and Buildings on forms that are provided and shall pay a fee in connection with such application, the amount of which shall be determined by the Director of City Planning and Buildings from time to time. Each applicant shall be required to provide notice by certified mail to each abutting and adjacent property owner within three (3) business days after the date of the filing of the de minimis variance application. Such owners shall be identified according to the records on file with the Hamilton County Auditor. An applicant shall only need to provide proof of such mailing for notice to be deemed sufficient. Notwithstanding anything to the contrary contained in Section 1441-03, the Director of City Planning and Buildings shall provide written notice to the applicant of his or her decision to grant or deny a de minimis variance not later than twenty (20) days of the date of the filing of the application. Such written notice need not include findings of fact or conclusions of law. The Director of City Planning and Buildings shall publish notice of the grant of a de minimis variance in the next available issue of the "City Bulletin." Any party with standing may appeal the Director of City Planning and Building's decision regarding an application for a de minimis variance to the Zoning Board of Appeals pursuant to Cincinnati Zoning Code Section 1449-09(a).

(Ordained by Ord. No. 364-2010, § 1, eff. Nov. 13, 2010)