(a) Combined Boards. In accordance with Ohio R.C. 713.11, all administrative powers and functions of the Board of Zoning Appeals shall be delegated to the Village Planning Commission. The existing Board of Zoning Appeals is hereby abolished. Any powers or responsibilities previously conferred upon the Board of Zoning Appeals by applicable rules or legislation are hereby conferred upon the Village Planning Commission, including those powers and responsibilities set forth in Chapter 1145 of the Village municipal code. Any Village legislation that refers to the Board of Zoning Appeals shall hereafter be deemed to refer to the Village Planning Commission.
(b) Proceedings. The Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Ordinance. Meetings shall be held at the call of the chairman and at such other times as the Commission may determine. The chairman, or in chairman's absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Commission 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 actions, all of which shall be a public record and be immediately filed in the office of the Commission.
(c) Duties. In exercising its duties, the Commission may, as long as such action is in conformity with the terms of this Zoning Ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, 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. The concurring vote of four members of the Commission shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this Zoning Ordinance or to effect any variation in the application of this Zoning Ordinance. For the purposes of this Zoning Ordinance the Board has the following specific responsibilities:
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Inspector;
(2) To authorize such variances from the terms of this Zoning Ordinance as will not be contrary to the public interest, when, owing to the special conditions, a literal enforcement of this Zoning Ordinance will result in unnecessary hardship, and so that the spirit of this Zoning Ordinance shall be observed and substantial justice done;
(3) To grant conditional use permits as specified in this Zoning Ordinance under the conditions specified in this Zoning Ordinance and such additional safeguards as will uphold the intent of this Zoning Ordinance.
(Ord. 955. Passed 2-2-15.)