(a) Establishment and Organization.
(1) The Board of Zoning Appeals is established and organized in accordance with Chapter 713 of the Ohio Revised Code.
(2) The Board of Zoning Appeals shall have five (5) members consisting of residents from the City of Circleville. Members shall be appointed by the Council.
(3) Council may appoint up to two (2) alternate members who are electors of the City of Circleville to serve in the absence of regular members.
(4) The term of each regular member shall be five (5) years. The term for each alternate member shall be for one (1) year.
(5) A Board member shall be removed for non-performance of duty, misconduct in office, or other cause as determined by the City Council.
A. Prior to removing a member, City Council shall hold a hearing regarding the charges. The member shall be given the opportunity to respond to the charges during this hearing.
(6) If a Board member is removed or resigns prior to the expiration of his or her term, the Council shall be responsible for appointing a new Board member within sixty (60) days to fill the unexpired term.
(7) Members of the Board shall not simultaneously serve on the Planning and Zoning Commission or any municipal body or position from which appeals may be taken to the Board.
(b) Procedures.
(1) Three (3) members of the Board shall constitute a quorum.
(2) The Board must make notation prior to the start of any hearing if an alternate member will be sitting and voting in place of a regular member. There shall never be more than five voting members.
(3) A voting member, regular or alternate, must be present for the entire hearing and deliberations in order to vote on the matter.
(4) Any action by the Board must be a concurring vote of the majority of the voting Board members identified at the beginning of the hearing.
(5) All Board meetings shall be open to the public in accordance with Section 121.22 of the Ohio Revised Code. The Board of Zoning Appeals, acting in its administrative capacity, may recess its meting for the purpose of deliberating the merits of an application in private. All decisions by the Board shall be made during the public meeting.
(6) The Board shall have the authority to subpoena witnesses and administer oaths. Any person providing testimony at a hearing shall be sworn in by the Board.
(7) The Board has the authority to call upon the various City departments or outside consultants to serve as subject matter experts on specifically identified purposes or to assist the Board with its duties.
(8) The Board shall elect a Chair, Vice Chair and Secretary at its first meeting of each calendar year. The Board shall, from time to time, adopt rules and regulations necessary to administer this Zoning Ordinance, which may include training requirements necessary to be reappointed to the Board by Council.
(9) All actions by the Board shall be initiated by motion and recorded in the minutes.
(10) The Board shall keep minutes of its proceedings, showing the vote of each member upon each application or question, or if a member is absent or fails to vote, the minutes shall indicate this fact.
A. At the request of the Board, City Council shall budget and appropriate funds and enter into a contract to retain services of a Recording Secretary. If no Recording Secretary is retained, the Board member elected as Secretary shall be responsible for maintaining the minutes as indicated in this section.
(11) All applications and materials submitted to the Board of Zoning Appeals in addition to the meeting minutes shall be considered a public record.
(c) Duties and Responsibilities.
(1) The Board of Zoning Appeals shall have the following duties and responsibilities:
A. Hear appeals, upon application of an aggrieved person, of a Zoning Inspector's issuance or denial of a zoning permit, interpretation of this Ordinance, or other administrative action taken by the Zoning Inspector in accordance with this Ordinance. This does not include the issuance of a zoning violation by the Zoning Inspector. Said violations must be processed according to Section 1115.01 of this Ordinance.
B. Declare a Zoning Permit null and void in accordance with Section 1111.02(b)(1)F. of this Ordinance.
C. Hear and take action on any application filed for a variance from the regulations in this Ordinance.
D. Hear and take action on any application filed for a conditional use permit in accordance with this Ordinance.
E. Hear and take action on requests regarding the continuance, expansion or extension of non-conforming uses in accordance with the provisions of this Ordinance.
F. Authorize the operation of a similar use in accordance with the provisions of this Ordinance.
G. Make interpretations of the Ordinance upon request of the Zoning Inspector or upon appeal from a property owner in the city, on the meaning and application of any provisions of this Ordinance and the Zoning Map, including but not limited to determining the exact district boundaries, the intended meaning of permitted and conditional uses as listed in each district, or other similar interpretations.
H. Such other official actions authorized by this Ordinance or Ohio Revised Code that are not herein specified.
I. It should be noted that the intent of this Ordinance is for all questions of interpretation and enforcement to first be presented to the Zoning Inspector and then presented to the Board of Zoning Appeals only upon on appeal from the decision of the Zoning Inspector. The action by the Board of Zoning Appeals is a final administrative action and may only be appealed pursuant to Section 2506 of the Ohio Revised Code. City Council shall not have the authority to overrule the decisions of the Zoning Inspector or Board of Zoning Appeals.
(Ord. 02-13-2023. Passed 2-21-23.)