(a) Board of Zoning and Building Code Appeals. City of Bedford Heights Charter Article XI authorizes the establishment the Board of Zoning and Building Code Appeals.
(b) Appointment. The Board of Zoning and Building Code Appeals as presently constituted shall continue in office. In this Chapter and throughout this Part Eleven - Planning and Zoning Code, the Board of Zoning and Building Code Appeals shall be referred to as the Board of Zoning Appeals, or just the Board.
(c) Procedure. The Board of Zoning Appeals shall organize, elect a Chairman and Vice-Chairman, and adopt rules for its own government in accordance with this Zoning Code and other applicable regulations of the City. Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. Such Chairman, or in his absence the Vice-Chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. 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 actions, all of which shall be immediately filed in the office of the Board, and shall be a public record.
(d) Quorum. Three (3) members of the Board of Zoning Appeals shall constitute a quorum. The concurrence of three members of the Board shall be necessary to decide in favor of any applicant in any matter on which it is required to pass under this Zoning Code, except as otherwise provided for in this Zoning Code.
(e) Assistance from Other Departments. The Board of Zoning Appeals may call upon City departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may be reasonably required.
(f) Powers and Duties. The Board of Zoning Appeals shall hear appeals on decisions made by the Zoning Inspector or by any administrative officer, in matters relating to this Zoning Code, for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits and certificates, and may thence decide appeals by either reversing, affirming, wholly or in part, or modifying, such order, requirement, decision or determination.
The Board shall also have the following powers and duties:
(1) Interpretation of Zoning Text and Maps. The Board shall have the power to hear and decide, in accordance with the provisions of this Zoning Code, an application for interpretation of the Zoning Code text or maps, or for decisions upon other special questions upon which the Board is authorized to pass by this Zoning Code.
(2) Nonconforming uses; substitution. The Board shall have the power to substitute a nonconforming use existing at the time of enactment (Ordinance 72-13, passed July 11, 1972) of this Zoning Code or amendment thereto with another nonconforming use if no structural alterations, except those required by law or resolution, are made; provided, however, that any such change is to a use of the same degree of nonconformity as determined by the most restrictive district in which the existing nonconforming use is permitted and only if the Board finds that the proposed use is not more injurious to adjacent properties and the public interest, health, safety and general welfare than the existing nonconforming use.
(3) Temporary structures and uses. The Board may authorize the temporary use of a structure or premise in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this Zoning Code for the district in which it is located, provided that such use is of a temporary nature and does not involve the erection of a substantial structure. A zoning permit for such use shall be granted in the form of a temporary and revocable permit, for not more than a six month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
(4) Interpretation of Zoning Map. Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the Zoning Maps, the Board, after notice to the owners of the property and after public hearing, shall interpret the Map in such a way as to carry out the intent and purpose of this Zoning Code. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the Zoning Maps may be made to the Board and a determination shall be made by the Board.
(5) Interpretation of Zoning Text. If there is uncertainty as to the meaning and intent of a textual provision of this Zoning Code, the Secretary of the Board, the Zoning Inspector or the Chairman of the Planning Commission may request the Board to interpret the same, and the Board shall make a determination within thirty (30) days, provided that the Law Director shall be consulted by the Board concerning the meaning and intent of any and all textual provisions of this Zoning Code, prior to any such determination by the Board in compliance with the provisions of this subsection.
(6) Administrative Review. The Board shall have the power to hear and decide appeals, filed as hereinbefore provided, where it is alleged by the appellant that there is error in any order, requirement, decision, determination, grant or refusal made by the Zoning Inspector or other administrative official in the enforcement and interpretation of the provisions of this Zoning Code.
(7) Variances; General Standards for Granting. The Board shall have the power, in specific cases, to vary the application of any provision of this Zoning Code in terms of the standards in Chapter 1138 so that public health, safety, morals and general welfare may be safeguarded and substantial justice done.
(8) Additional prohibited uses. The determination of additional prohibited uses, as regulated in Section 1127.03 and other applicable provisions of this Zoning Code.
(9) Requirement of bond. In authorizing a variance, with attached conditions, the Board shall require such evidence and guarantee or bond as it may deem to be necessary to enforce compliance with the conditions attached.
(10) To hear and decide appeals from decisions of the Board of Architectural Review.
(11) To hear and decide on all matters referred to and upon which it is required to by this Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)