(a) Organization. There shall be appointed, commencing January 1, 1997, in place of the Board of Appeals created by existing ordinance of the Municipality, a Board of Zoning and Building Appeals composed of five (5) qualified members appointed by the Mayor, with the concurrence of two- thirds (2/3) of the membership of the legislative authority, who shall be appointed for a term of five (5) years, except that members first appointed shall be appointed as follows: one (1) for a term of one (1) year, one (1) for a term of two (2) years, one (1) for a term of three (3) years, one (1) for a term of four (4) years and one (1) for a term of five (5) years. Any vacancy shall be filled in the same manner for the unexpired term. All Board members shall serve without compensation unless otherwise provided by ordinance. The Mayor, with the concurrence of two-thirds (2/3) of the membership of the legislative authority, shall have the right to remove any member for cause. The Building Inspector and the City Engineer shall furnish the necessary technical advice and services required by the Board.
(b) Powers and Duties. The Board of Zoning and Building Appeals shall have the following duties and powers, to be exercised in conformity with the purpose and intent of the ordinances governing zoning and building in the Municipality of Avon and in accordance with such guidelines, standards and procedures as from time to time shall be promulgated by Council:
(1) To hear and decide appeals made for exceptions to and variations from the application of the Zoning Code and the Building Code;
(2) To hear and decide appeals made from decisions and rulings of administrative officials and agencies, other than Council, including the Building Inspector and Zoning Enforcement Officer;
(3) To interpret the Zoning Code and the Building Code, ordinances, resolutions, rules or regulations;
(4) To exercise, with respect to buildings situated in the Municipality, the same powers as are exercised by the Board of Building Standards under the laws of the State of Ohio to the extent that it is competent for this Charter so to authorize the Board;
(5) To recommend to Council changes in and amendments to the Planning, Zoning and Building Codes;
(6) To establish rules and regulations for its own procedure not inconsistent with this section;
(7) To do and perform such other duties and functions as may be imposed upon it by this Charter, existing ordinances or ordinances and resolutions of the Council.
Nothing herein contained shall be construed as authorizing the Board of Zoning and Building Appeals to exact changes in a zoning map or to add to the uses permitted in any zoning district. Administrative decisions by Council on any matter involving the Planning and Zoning Code shall be deemed final and not reviewable by the Board of Zoning and Building Appeals.
(Amended 11-8-66; 11-2-71; 11-7-95; 5-6-97; 11-7-17)