(a) The membership, powers, terms, and duties prescribed to the Board of Zoning Appeals shall be as set forth in Article XII - Board of Zoning Appeals of the Charter for the City of Blue Ash.
(b) Meetings. Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman, or in his/her absence the acting Chairman, shall administer oaths to all witnesses. The Board shall 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 Council and shall be a public record.
(c) Powers.
(1) Powers of the Board of Zoning Appeals.
A. Variances. To hear and decide upon requests for variances from an eligible provision of this Zoning Code. The procedure for variance application and review is found in Section 1127.07.
B. Administrative Appeals. To hear and decide appeals where it is alleged that there is an error in any interpretation, judgement, determination, or decision by the Community Development Director or the Planning Commission in the administrative and/or enforcement of the provisions of this Zoning Code. The procedure pertaining to administrative appeals is found in Section 1127.08.
C. Expansion of a Nonconforming Use. To hear and decide requests for the expansion of a nonconforming use subject to Section 1139.05.
D. Location of District Boundary Lines in Question. Where the street or lot layout actually on the ground or as recorded differs from the street or lot lines as shown on the zoning map, the Board of Zoning Appeals, after due notice, shall interpret the map in a way as to carry out the intent and purpose of this chapter and map for the particular section or district in question.
(2) In exercising its jurisdiction it shall adopt from time to time such general rules and regulations relating to its procedure as it may deem necessary.
(d) Public Hearings and Meeting Procedure.
(1) Hearings and meetings of the Board of Zoning Appeals shall be public.
(3) The Board shall act by resolution, in which at least three members shall concur.
(4) Concise records and minutes shall be kept as to all official acts of the Board.
(5) The Board may recess such public hearings from time to time without making a final determination on the matter, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required.
(6) Any interested person may appear at the public hearing in person or by attorney.
(Ord. 2017. Passed 1-26-17.)