(a) Establishment. The Board of Zoning Appeals as constituted at the time of enactment of this Ordinance shall continue in power. Pursuant to Chapter 713 of the Ohio Revised Code, the Board shall consist of seven (7) members, one of whom shall be a member of the Planning Commission so designated annually by that entity. The remaining six (6) members shall be appointed by the Mayor annually, with the approval of City Council, for overlapping terms of four (4) years. Each of the six (6) wards of the City shall be represented by one of the remaining six (6) members who shall be a resident of that ward. Vacancies shall be filled by the Mayor with the approval of City Council and shall be for the unexpired term. Each member shall serve until their successor is appointed.
(b) Removal of Members. Members of the Board shall be removable for non-performance of duty, misconduct in office, or other cause, by the Mayor.
(c) Organization and Rules.
(1) The Board shall adopt such rules and regulations consistent with this Ordinance. The Board shall elect a Chairman. Four (4) members shall constitute a quorum. The concurring vote of four (4) 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 and its records shall be subject to the requirements of the Ohio Open Meetings Act (ORC 121.22).
(3) The meetings of the Board shall be held at the call of the Chairman.
(4) Except as otherwise provided by the Ohio Public Records Act, 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 filed in the City offices.
(5) 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.
(6) 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.
(d) 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. No appeal may be taken to the Board in connection with any matter over which the Planning Commission has jurisdiction. 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) 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.
(3) 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 would result in unnecessary hardship.
(4) Authorize the substitution, extension or exceptions of nonconforming uses, as specified in Chapter 1125.
(Ord. 27-11. Passed 3-14-11.)