1117.01 Membership; organization and procedures.
1117.02 Applications and appeals.
1117.03 Hearings.
1117.04 Decisions of the Board.
1117.05 Appeals to Common Pleas Court.
1117.06 Powers of the Board.
1117.07 Time period for commencement when variance granted.
CROSS REFERENCES
Council may amend districting or zoning - see Ohio R.C. 713.10
Appeals from zoning decisions - see Ohio R.C. 713.11, Ch. 2506
Exceptions and modifications - see P. & Z. Ch. 1147
(a) Appointment. There is hereby established a Board of Zoning Appeals which shall consist of five electors appointed by the Mayor, subject to confirmation by Council. Vacancies shall be filled by the same procedure. The five electors first appointed shall serve for terms of one, two, three, four and five years respectively; thereafter appointments shall be for five year terms, beginning January 1. Each member shall serve until his successor is appointed and qualified. Members of the Board shall be removable for nonperformance of duty, misconduct in office or other cause, by Council, upon written charges having been filed with the Clerk of Council and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten days prior to the hearing, either personally or by registered mail or by leaving the same at his usual place of residence. The member shall be given an opportunity to be heard and answer such charges.
(b) Organization and Procedure. The Board shall organize annually to elect a Chairman, a Vice-Chairman and Secretary. It shall further adopt rules for its own government not inconsistent with law or with any other ordinances of the Municipality to hear appeals on any variance or hardship created by the provisions of the Zoning Ordinance.
(1) 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 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 absence 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 Clerk and shall be a public record.
(2) Quorum. Three members of the Board shall constitute a quorum. The Board shall act by resolution and the concurring vote of three members of the Board shall be necessary to reverse any order or determination of the Zoning Inspector or to decide in favor of an applicant any matter of which the Board has original jurisdiction under the Zoning Ordinance or to grant any variance from the requirements stipulated in the Zoning Ordinance.
(3) Department assistance. The Board may call upon the various departments of the Municipality 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 reasonably be required.
(Ord. 914. Passed 11-8-66.)
(a) Applications. An application, in cases in which the Board of Zoning Appeals has original jurisdiction under the provisions of the Zoning Ordinance, may be taken by any person aggrieved including a tenant or a governmental officer, department, board or bureau. Such application shall be filed with the Zoning Inspector, who shall transmit the same to the Board. The fee for any action presented to the Board of Zoning Appeals for determination shall be sixty- five dollars ($65.00), all of which shall be paid to the General Fund of the Village. An additional advance deposit of five hundred dollars ($500.00) is required for expenses related to the appeal or application, including any fees associated with the review of the appeal or application by the Solicitor, Engineer or other professional retained by the Village. Any portion of a deposit not expended for advertising, administrative costs or fees for the Solicitor, Engineer or other professional retained by the Village, shall be refunded to the applicant within thirty days of the final order of the Board. The fee shall be paid to the Zoning Inspector at the time an application or appeal is filed, in which event, the Zoning Inspector shall forthwith pay over to the Clerk- Treasurer, to the credit of the General Revenue Fund, all of such fee. In the event the Village determines funds in excess of the five hundred dollar deposit are necessary for the proper review of the appeal or application, the Clerk-Treasurer shall notify the Applicant in writing that the Applicant must deposit such additional funds with the Village. If such funds are not deposited within seven working days thereafter, the appeal will be stayed and not heard until such funds are deposited by the Applicant with the Village. No grant of a variance or a conditional use permit or any other grant of relief by the Board of Zoning Appeals is effective until all actual costs of the appeal are reimbursed by the Applicant to the Village. The application presented to the Board shall also be accompanied by a list of the last known names and addresses of the owners of all property within and contiguous to and directly across the street from any parcel or parcels which is the subject of review by the Board, as shown upon the tax maps for Geauga County.
(Ord. 1998-00. Passed 10-16-00.)
(b) Appeals.
(1) An appeal to the Board may be taken by any person aggrieved or by any officer of the Municipality affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty days after the decision by filing with the Zoning Inspector and with the Board a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(2) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Inspector shall certify to the Board after the notice of appeal has been filed with it that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by a court of equity after notice to the officer from whom the appeal is taken and on due cause shown.
(3) The Board may, in conformity with the provisions of the Zoning Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises; and to that end, shall have all powers of the Zoning Inspector from whom the appeal is taken.
(Ord. 914. Passed 11-8-66.)
(a) The Board of Zoning Appeals shall fix a reasonable time for the hearing of an appeal, shall give public notice in a newspaper of general circulation in the Municipality at least ten days prior to the hearing and written notice of the hearing and the stated purpose of the hearing shall be mailed by first class mail to the owners of property within and contiguous to and directly across the street from such parcel or parcels which will be the subject of the hearing as prescribed in Section 1117.02 at least ten days prior to the hearing. At this hearing any party may appear in person or by attorney.
(Ord. 1251-82. Passed 2-15-82.)
(b) The hearings of the Board shall be public. The Board may go into executive session for discussion as permitted pursuant to the Ohio Revised Code and the Village ordinances. (Ord. 1627-90. Passed 10-15-90.)
(c) Upon the day for hearing any application or appeal the Board may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in the application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of the hearing unless the Board so decides.
(Ord. 914. Passed 11-8-66.)
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