(a) Responsibilities of Board of Zoning Appeals. 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, requirement, decisions 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 votes of three (3) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Enforcement Officer, or to decide in favor of the application on any matter upon which it is required to pass under this Ordinance or to effect any variance in the application of this Ordinance. For the purpose of this Ordinance the Board has the following specific responsibilities.
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Enforcement Officer.
(2) To authorize such variance from the terms of this Ordinance as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done.
(b) Proceedings of Board of Zoning Appeals. The Board of Appeals shall adopt rules and regulations consistent with this Ordinance. Regular meetings of the Board shall be held at such times as the Board may determine, and shall be specified in the rules and regulations of the Board.
The Mayor shall appoint a chairman, vice-chairman, and a secretary. Special meetings may be called by the chairman or, in his absence, by the vice-chairman. There shall be a fixed place of meeting and all meetings shall be open to the public.
The Board shall keep minutes of its proceedings, showing the action of the Board and the vote of each member upon each question, or if absent, or a failing to vote, indicating such fact, and shall keep records of all its official actions, all of which shall be filed promptly in the Office of the Municipal Clerk and shall be a public record. The presence of 3 members shall constitute a quorum. The concurring vote of 3 members of said Board shall be necessary to reverse an order, requirement, decision, or determination of the Zoning Enforcement Officer or the Municipal Planning Commission.
(c) Responsibilities of Zoning Enforcement Officer, Board of Zoning Appeals Legislative Authority and Courts on Matters of Appeal. It is the intent of this Ordinance that all questions of interpretation and enforcement shall be first presented to the Zoning Enforcement Officer, and that such questions shall be presented to the Board only on appeal from the decision of the Zoning Enforcement Officer, and that recourse from the decisions of the Board shall be to the courts as provided by law. It is further the intent of this Ordinance that the duties of the Municipal Council, in connection with this Ordinance, shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Ordinance. Any appeal of a decision of the Board shall be made to the courts as provided in Chapters 2505 and 2506 of the Ohio Revised Code. Any such appeal shall be made within ten (10) days of the Board's written decision.