The Board shall have the following responsibilities and authority pursuant to this Ordinance:
(a) Creation. The Board is created pursuant to the Revised Code and this Ordinance.
(b) Membership and Operation. The Board shall include five members, all of whom shall be appointed by the Mayor with the approval of the Council. Members shall serve for staggered terms of five years each. Each member shall have been a citizen of the City for not less than one (1) year prior to appointment to the Board and shall serve until his or her successor is appointed and sworn in as a member. The Board by resolution shall determine the time and place of meetings. The Board shall adopt rules for the transaction of business, and shall keep a public record of its resolutions, transactions, findings, and determinations. Nothing shall prevent a member from serving simultaneously on the Commission and the Board.
(c) Meetings. Meetings of the Board shall be held in accordance with an adopted schedule, or at the call of the Chair, or at such other times as the Board may specify in its rules and procedures. The Board shall state the grounds of each determination, and shall maintain a record of its proceedings, which shall be filed in the office of the Clerk of Council.
(d) Concurring Vote Required. Three members of the Board shall constitute a quorum required to conduct any meeting. The concurring vote of three members of the Board shall be necessary to reverse an order, requirement, decision, or determination of an administrative official or body; to decide in favor of an applicant on any matter upon which the Board is required to act; or, to effect any variation to this Ordinance.
(e) Jurisdiction. The Board shall discharge the following duties pursuant to this Ordinance:
(i) Interpretation of the Zoning Map. The Board shall act on all questions as they may arise in the administration of this Ordinance, including the interpretation of the zoning district map, and the interpretation of the exact location of a boundary line between zoning districts shown on the zoning district map.
(ii) Appeals. The Board shall also hear and decide appeals from and review any order, requirements, decision, or determination made by an administrative official or body charged with enforcement of this Ordinance.
(iii) Area Variances. The Board shall have the authority to grant area variances, based upon a showing of “practical difficulties” and a weighing of the factors set forth in Section 1180.22(j)(i) of this Ordinance.
(iv) Use Variances. The Board shall have the authority to grant use variances, based upon a showing of “unnecessary hardships” and meeting all of the standards set forth in Section 1180.22(j)(ii) of this Ordinance.
(v) Sign Variances. The Board shall have the authority to grant sign variances, based upon a showing of “particular hardships” and meeting all of the standards set forth in Section 1180.22(j)(iii) of this Ordinance.
(vi) Other Variances. The Board shall have the authority to grant variances made necessary by the advances of technology being put to use in new developments, but not anticipated by the provisions of this Ordinance.
(vi) Referred Matters. The Board shall also hear and decide matters referred to them or upon which they are required to pass under this Ordinance.
In carrying out its duties, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer or body from whom the appeal is taken and may issue or direct the issuance of a permit. The Board shall in all instances comply with provisions outlined in this Ordinance.
The Board shall not have the power to alter or change the zoning district classification of any property, and shall also not have the power to consider an appeal of any decision concerning a planned development, conditional use, or site plan. Notwithstanding these requirements, the Board shall have the power to consider variances associated with a conditional use site plan which relate to setbacks and dimensional requirements.
(f) Decision Final. The decision of the Board shall be final, but shall be subject to appeal pursuant to the Revised Code and this Ordinance.