(a) Establishment.
(1) The City of Defiance Board of Zoning and Building Appeals, hereafter referred to as the BZBA, shall be established pursuant to the Charter of the City of Defiance.
(2) The BZBA shall consist of five members in accordance with the Charter.
(3) The BZBA may, by a majority vote of its entire membership, organize and adopt bylaws for its own governance provided they are consistent with law or with any other ordinances of the City.
(4) Quorum and Duties.
A. Any combination of three or more regular or alternate members of the BZBA shall constitute a quorum.
B. The BZBA shall act when at least three members concur.
C. Non-decision items, such as continuance or approval of minutes, shall require a majority of the quorum to concur.
D. The concurrence of not less than four members of the BZBA shall be required for the allowance of any variance to Subsection 1169.09(a) CO College Overlay District Regulations of this code if such variance is contrary to the recommendations by the Planning Commission.
E. The BZBA shall decide all applications and appeals within 30 days after the final hearing thereon.
F. A decision of the BZBA shall not become final until the expiration of five days from the date such decision is made, unless the BZBA shall find that an immediate effective date is necessary for the preservation of property or personal rights, and shall so certify on the record.
G. The BZBA may reverse or affirm, wholly or partly, or 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 Commissioner from whom the appeal is taken.
H. Any party adversely affected by a decision of the BZBA may appeal to any court with jurisdiction of the county on the ground that the decision was unreasonable or unlawful.
(b) Powers and Duties.
(1) The BZBA shall have the following powers and duties under this Code:
A. Hear, review, and make decisions on appeals made for exceptions to or overruling of determinations made by the Zoning Commissioner in the enforcement of this Code or any amendment thereto.
B. Hear and decide on any questions related to interpretation of the code text or the Zoning Map and zoning district boundaries.
1. In case of any questions as to the location of any boundary line between zoning districts, a request for interpretation may be made to the BZBA.
2. The BZBA may permit the extension of a district up to 200 feet where the boundary line of a district divides a lot or tract held in single ownership at the time of the passage of this Code.
3. Where a street or lot layout actually on the ground or as recorded differs from the street and lot lines as shown on the zoning map, the BZBA, after notice to the owners of the property and after public hearing, shall interpret the map to carry out the intent and purpose of this Code.
C. Hear, review, and make decisions on applications to vary the terms of this Code, unless otherwise specified, and excepting requests to vary subdivision design and improvement standards, when such variances from the provisions or requirements of this Code will not be contrary to the public interest.
D. Hear, review, and make decisions on applications for a zoning permit for uses that are subject to the performance standards set forth in this Code.
E. Review and make a decision on a request for the reconstruction of a nonconforming building in compliance with Chapter 1181 Nonconformities.
F. Hear, review and make decisions on appeals made on decisions by the Design Review Board for signs in the Central Business District.
(2) The BZBA shall have the power to subpoena witnesses, administer oaths, and punish for contempt.
(Ord. 7675. Passed 11-11-14.)