(a) Membership. In accordance with the Charter, Article VII, Section 7-4, the Board of Zoning Appeals shall consist of five electors appointed by Council. The five electors first appointed shall serve terms of one, two, three, four and five years respectively. Thereafter the appointments shall be for five-year terms.
(b) Organization and Procedure. The Board shall organize annually to elect a chairperson and a vice-chairperson. It shall further adopt rules for its own government not inconsistent with law or any other ordinances of the City to carry into effect the provisions of the Zoning Ordinance.
(1) Meetings of the Board shall be open to the public.
(2) 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 City Manager or to decide in favor of any applicant or to grant any variance from the requirements stipulated in the Zoning Ordinance.
(3) 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 the departments to render such assistance to the Board as required.
(c) Duties. The Board of Zoning Appeals shall have the authority and responsibility to decide or perform, in accordance with Article VII of the Charter and Ohio R.C. 713.11 the following:
(1) Appeals from the decisions made by the City Manager where it is alleged that there is an error in any order, requirement, decision, interpretation or determination;
(2) Variances from the terms of the Zoning Ordinance that maintain its intent and will not be contrary to public interest where, owing to special conditions, a literal enforcement of the Zoning Ordinance will result in unnecessary hardships and so that the spirit of the Zoning Ordinance shall be observed;
(3) Permits for home occupations and conditional uses may be authorized where the proposal is in compliance with the criteria identified throughout the Zoning Ordinance; and where such additional conditions and safeguards can be specified as will uphold the intent of the Zoning Ordinance;
(4) Appellate jurisdiction relative to appeals and variances, and original jurisdiction on applications for conditional uses and home occupations; and
(5) Provide, as requested by the City Manager, input and/or recommendations concerning the interpretation of the administrative requirements and enforcement procedures of the Zoning Ordinance;
(6) Cause a record to be made of all its proceedings, setting forth its reasons for its decisions. Such record, immediately following the Board's decision, shall be filed in the offices of the Board and the Planning Commission and shall be open to the public.
(Ord. 1985-40. Passed 8-6-85.)