(a) Establishment. The Board of Zoning Appeals is hereby established. The official title of the Board shall be the "Carlisle Board of Zoning Appeals" and such body shall be known as the "Board." The Board shall have all powers as are conferred by the general laws of Ohio, the Charter of Carlisle, and by ordinance of Council.
(b) Membership. The Board shall consist of seven members to be appointed by the Mayor all of whom shall be residents of Carlisle. Members of the Board shall hold no other public offices in Carlisle. Members shall serve without compensation and terms of appointment shall be staggered.
(c) Quorum. The presence of four members shall constitute a quorum. The concurring vote of five members of the Board shall be necessary to reverse any order, requirement, decision or determination of any duly authorized administrative officer. A member of the Board shall not be qualified to vote if that member did not attend the public hearing.
(d) Meetings. The Board of Zoning Appeals shall adopt rules or bylaws for the holding of regular and special meetings, for the transaction and disposition of its business, and the exercise of its powers. The Board shall meet monthly at a time and place to be designated by vote of the Board. Regular monthly meetings may be cancelled if no appeals are filed. Special meetings may be called by the Chairman provided legal notices for such meetings are given. The officers of the Board shall consist of a Chairman and Vice-Chairman. The Board, at its first regular meeting in January, shall elect the officers for a one-year term. The Board shall establish its own rules and keep a record of its proceedings, which shall be a public record. The Board shall keep written records and minutes of all its proceedings, showing evidence presented, findings of fact by the Board, and the vote of each member upon each question, or if absent or failing to vote. All meetings shall be open to the public.
(e) Rules. If a Board member has a conflict of interest in the issue appealed or owns property within 300 feet of the outer limits of the area being disturbed as a result of the application under consideration by the Board, that member shall sit in the audience while the issue is being heard, considered and voted upon.
(f) Powers and Duties. The Board in addition to such other powers and duties as are set forth in this Code or as may be provided for by ordinance of Council and the Carlisle Charter, shall have the following functions, powers and duties, exercisable in accordance with the procedures contained in this Chapter.
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by an administrative official in the administration or enforcement of this Zoning Code, unless otherwise provided in this Zoning Code.
(2) To authorize such variances from the terms of this Zoning Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this Zoning Code will result in practical difficulty or unnecessary hardship, and so that the spirit of this Zoning Code shall be observed and substantial justice done.
(3) To resolve any disputes with respect to the precise location of a zoning district boundary, using, where applicable, the standards and criteria of Chapter 1260.
(4) To permit the substitution of one nonconforming use with another nonconforming use in conformance with the provisions of this Zoning Code.
(5) To hear and decide all other matters referred to and upon which it is required to pass by this Code.
(Ord. 8-13. Passed 5-14-13.)