(a) Establishment. The Board of Zoning Appeals as constituted at the time of enactment of this Ordinance shall continue in power. Such Board shall have all administrative powers and authority pursuant to the Ohio Revised Code. The Board shall consist of five (5) members to be appointed by Council, all of whom shall be residents of the City. Of these five members, one shall be a member of Council and one may be a member of the Planning Commission. The terms of all members shall be of such length and so arranged that the term of one member shall expire each year. Each member shall serve until their successor is appointed. Vacancies shall be filled by Council and shall be for the unexpired term.
(b) Procedures.
(1) The Board shall adopt such rules and regulations consistent with this Ordinance. The presence of three (3) members shall constitute a quorum and the concurring vote of three (3) members of the Board shall be necessary to reverse an order, requirement, decision or determination of the Zoning Inspector.
(2) The meetings of the Board shall be public, and shall be held at the call of the Chairman, after compliance with public notification procedures as required by the Ohio Revised Code, as amended.
(3) 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 action, all of which shall be immediately filed in the City offices and shall be a public record.
(4) The Board shall have the power to subpoena witnesses, administer oaths, and may require the production of documents, under such regulations as it may establish.
(5) The Board may call upon the various departments of the City for assistance in the performance of its duties and it shall be the duty of such departments to render assistance to the Board as may reasonably be required.
(c) Powers and Duties. 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, decision, 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. For the purpose of this Ordinance, the Board has the following specific responsibilities:
(1) Interpret the boundaries of the Official Zoning District Map, in accordance with the provisions of this Ordinance.
(2) Permit conditional uses as specified in the Official Schedule of District Regulations under the conditions specified in this Ordinance, and such additional safeguards as will uphold the intent of the Ordinance.
(3) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Inspector related to this Ordinance.
(4) Authorize such variances from the terms of the zoning provisions of this Ordinance as will not be contrary to the public interest, where, owing to special conditions of the land, a literal enforcement of this Ordinance will result in unnecessary hardship.
(6) Determine similarity of uses, pursuant to Section 1155.02(e).
(7) Declare zoning permits void, pursuant to Section 1143.10(e).