(a) Organization.
(1) There shall be a Board of Zoning Appeals consisting of at least five (5) regular members and two (2) alternate members.
The Board of Zoning appeals shall not be filled exclusively from one Ward in the City. In the event that the number of ward members plus one regular member at-large is at any time such as to result in an even number of regular voting members, the Mayor shall appoint an additional regular member at-large, and no more, so as to result in an odd number of regular votes. Total membership shall be as otherwise provided herein except that at no time shall the regular membership of the Board of Zoning Appeals exceed the sum of all ward members plus two at-large members.
Alternate members of the Board of Zoning Appeals shall be in addition to the regular members and may substitute for regular members who are unable to attend a meeting or hearing of the Board. Alternate members of the Board of Zoning Appeals shall be the two (2) most recently appointed of the members at-large.
The Mayor shall appoint the members of the Board of Zoning Appeals and said appointees shall be approved by a majority of Council. Disapproval of an appointee by Council shall be accompanied by a public statement of the reasons for disapproval.
Council shall appoint one of its members as an ex officio member to attend all meetings. He shall have no vote in the deliberations of the Board of Zoning Appeals but shall apprise the Council of the activities of the Board of Appeals.
(Approved Nov. 5, 2002; Nov. 8, 2022)
(2) The Board shall elect its Chairman from among its members.
(3) The term of each member of the Board shall be for four (4) years.
(Approved Nov. 8, 1966)
(4) Any vacancy occurring during the unexpired term of any member shall be filled as originally provided for the remainder of the term.
(5) On every vote taken by the Board of Zoning Appeals each member shall sign a non- conflict of interest affidavit prepared by the Director of Law in accordance with the laws of the State of Ohio. Said affidavit shall provide that the signer thereof shall realize no personal aggrandizement or financial gain as the result of his vote in said meeting. This affidavit shall be incorporated in the minutes of the Board of Zoning Appeals of that particular date.
(Approved Nov. 8, 1978)
(6) The Mayor may at any time remove any member for inefficiency, neglect of duty, malfeasance, misfeasance or nonfeasance in office, incapacity or incompetency, provided however, that such removal shall not become final without the concurrence of at least two-thirds (2/3) of the members of Council.
(Approved Nov. 3, 1998; Nov. 7, 2006)
(b) Qualifications. No member of the Board of Zoning Appeals shall hold a real estate license or a real estate broker’s license or be a land developer or the agent of a land developer.
(c) Duties and Requirements.
(1) Meetings shall be held at the call of the Chairman when deemed necessary, subject to such provisions as provided by the rules of the Board, or at such times as Council may require.
(Approved Nov. 8, 1994)
(2) All meetings of the Board of Zoning Appeals shall be public. Public notice shall be given of hearings on any appeals by the posting of a notice in the main entrance of the Municipal Building and by publishing one notice in a newspaper of general circulation in the City of Broadview Heights or by publishing one notice on the City of Broadview Heights website at least fourteen (14) days prior to the date of said hearing. Written notice of a variance to be considered by the Board of Zoning Appeals shall be mailed to all the property owners within a 1,000 feet from the edge of any property line of the property for which a variance is requested at least fourteen (14) days prior to the date of said hearing. Said notice shall be in a form reasonably calculated to give actual notice of the date of the hearing. The Board of Zoning Appeals shall keep minutes of its proceedings.
(Approved Nov. 3, 1998; Nov. 5, 2002; Nov. 4, 2003; Nov. 7, 2006; Nov. 6, 2018; Nov. 8, 2022)
(d) Determinations; Variances.
(1) Except as otherwise provided herein, the Board of Zoning Appeals shall determine all matters properly presented to it in writing. Where practical difficulties shall result from the enforcement of any zoning ordinance, the Board of Zoning Appeals shall have the power to grant a variance in harmony with the general intent of the ordinance and to secure the general welfare and substantial justice in the promotion of the public health, comfort, convenience, morals, safety and general welfare of the Municipality.
(2) Variances granted pursuant to Section 8(d)(1), unless acted upon, shall expire one year from the date in which the variance was granted. The jurisdiction of the Board of Zoning Appeals shall not extend to the granting of a variance from any zoning ordinance which limits the location of trades, industries,
condominiums, apartment houses, two-family houses, single-family houses and/or any other comparable structures and/or primary uses to a specific zoning district.
(3) The action of the Board of Zoning Appeals on any non-residential matter shall be forwarded to Council. Council may, by affirmative vote of two-thirds (2/3) of its members override the action of the Board of Zoning Appeals on any non-residential matter, provided however, that the vote to do so must be made within thirty (30) days of the action of the Board of Zoning Appeals. The action of the Board of Zoning Appeals on all residential matters shall be final.
(Approved Nov. 8, 1994; Nov. 4, 2008)
(e) Funds. A sufficient sum shall be appropriated by the Council each year to carry out the Board of Zoning Appeals provisions of this Charter.