(a) Planning and Zoning Board Established. Pursuant to Sections 711 and 713 of the Ohio Revised Code, there is hereby established a Planning and Zoning Board in and for the Village of Ashville. Such Board shall have five (5) members, consisting of the Mayor, one (1) member of Village Council, and three (3) residents of the Village, all to be appointed by the Mayor with the approval of Village Council. Such members shall be appointed for terms of six (6) years, except for the term of one of the members of the first Board shall be four (4) years and one for two (2) years. All vacancies shall be filled by the Mayor, with the approval of Council. If, within a period of sixty (60) days after a vacancy, the Mayor has not appointed a new member to fill that vacancy, the President of Council may appoint a member to fill that vacancy, with the approval of Council.
(b) Removal of Members. Members of the Board shall be removable for non- performance of duty, misconduct in office, or other cause by the Village Council. Prior to such removal, a hearing shall have been held before Village Council regarding such charges. The member shall be given the opportunity to be heard and answer such charges.
(c) Quorum. Three (3) members of the Board shall constitute a quorum. Any action by the Board must be by a concurring vote of the majority of the total Board membership.
(d) Procedures. The meetings of the Board shall be public. However, the Board may go into executive session, as permitted by Ohio R.C. Section 121.22, as amended, for discussion but not for vote on any case before it. The Board shall organize annually and elect a Chairman, and Vice Chairman. The Board shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Ordinance.
The Board shall keep minutes of its proceedings, showing the vote of each member upon each question; or, if absent or failing to vote, indicating such fact; and shall keep records of its examinations and other official action, all of which shall be a public record.
The Board shall have the power to subpoena witnesses, administer oaths and may require the production of documents, under such regulations as it may establish.
The Board may call upon the various departments of the Village, or outside consultants hired for the specific purpose, for assistance in the performance of its duties. It shall be the duty of such departments to render assistance to the Board as may reasonably be required.
(e) Powers and Duties. For the purposes of this Ordinance, the Board shall have the powers and authority granted under Chapters 711, 713 and 735 of the Ohio Revised Code, and shall have the following specific responsibilities:
(1) Review all proposed amendments to this Ordinance in accordance with Chapter 1115, and make recommendations to the Village Council.
(2) Authorize such variances from the terms of this Ordinance as will not be contrary to the public interest, where, owing to the special conditions of the land, a literal enforcement of this Ordinance will result in unnecessary hardship, in accordance with the provisions of Chapter 1117 of this Ordinance.
(3) Hear and decide appeals where it is alleged there is an error in any order, requirements, decision, or determination made by the Zoning Inspector.
(5) Grant zoning permits for conditional uses as specified in the district regulations and establish such additional safeguards as will uphold the intent of this Ordinance.
(6) Authorize the substitution or extension of nonconforming uses, as specified in Chapter 1123 of this Ordinance.
(7) Prepare and present a zoning plan for newly annexed territory, pursuant to Chapter 1131 of this Ordinance.
(8) Such other powers and duties as specified in the other chapters of this Ordinance.
In exercising its duties, the Board may, as long as such action is in conformity with the terms of this Ordinance, reverse or affirm wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. The concurring vote of three (3) members of the Board shall be necessary to reverse any order, decision, or determination of the Zoning Inspector, or to decide in favor of the applicant on variation in the application of this Ordinance pursuant to Chapter 1117.