(a) Purpose. The purpose of the Zoning Board of Appeals shall be to decide any issue involving the interpretation of the provisions contained in the Zoning Ordinance, to grant variances from the strict letter of the Zoning Ordinance in instances of unnecessary hardship and to authorize conditional uses as herein provided.
(b) Appointment. The Board shall be composed of five (5) members, all of whom are residents of the Village. Members shall be appointed by the Mayor for a period of five (5) years. The terms shall be so arranged so that the term of one member shall expire each year. Should any vacancy on the Board occur for any reason, the Mayor shall appoint a successor to serve the unexpired term. The Mayor shall have the right to remove any members of the Board with due cause.
(c) Organization and Rules.
(1) The Board shall organize annually and elect a chairman, vice chairman and secretary from its membership. The secretary need not be a member of the Board. The Board shall adopt rules of procedure as may be necessary to carry into effect the provisions of the Zoning Ordinance and to exercise the powers and jurisdiction conferred upon it by the Zoning Ordinance provided, they are consistent with law or with any other ordinances of the Village.
(2) The chairman shall preside at all meetings of the Board. He or she shall decide on all points of order and procedure unless otherwise directed by a majority of the Board. The chairman may appoint committees deemed necessary to carry out the business of the Board. The chairman may administer oaths and compel the attendance of witnesses. The chairman's signature shall be the official signature of the Board and shall appear on all decisions as directed by the Board.
(3) The vice chairman shall serve in the absence of the chairman. He or she shall have all the powers of the chairman during his or her absence, disability or disqualification.
(4) The secretary shall keep minutes of all meetings and shall be responsible for all official correspondence of the Board.
(d) Meetings. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. All meetings shall be open to the public.
(e) Voting.
(1) All actions of the Board shall be taken by resolution, the vote of each member being recorded. The majority of the Board shall constitute a quorum to do business and the concurring vote of three (3) members shall be necessary to reverse any order, requirements, decision, or determination of the Zoning Administrator.
(2) No member of the Board shall vote on any matter in which he or she is personally or financially interested.
(f) Minutes and Records. The secretary of 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 certified correct and filed in the Village Hall and shall be a public record.
(g) Witnesses and Oaths. The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, and compel testimony and the production of books, papers and other evidence pertinent to any issue before the Board.
(h) Department Assistance. The Board may call on the Village departments 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 be required. In addition, the Planning Commission may make an analysis and present a report on any matter before the Board. Such report shall be considered by the Board at the time of hearing on the matter.
(i) Jurisdiction and Powers. The Board shall operate so as to carry into affect the powers and jurisdiction conferred upon it as follows:
(1) Conditional Uses. To hear and decide on such conditional uses as the Board is specifically authorized to pass on by the terms of the Zoning Ordinance.
(2) Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of the Zoning Ordinance.
(3) Variances. To hear and decide upon application for variances under the terms provided in the Zoning Ordinance.
(4) Interpretation. To interpret the provisions of the Zoning Ordinance or Map where there is doubt as to meaning or application. The Board shall have specific power to:
A. Interpret the precise location of the boundary lines between zoning districts.
B. Interpret the classification of a use which is not specifically mentioned as a part of the use regulations of any zoning district so that it conforms to a comparable permitted or prohibited use, in accordance with the intent and purpose of each district.
(5) Other Duties. To exercise such other powers as may be granted to the Board by this Zoning Ordinance, amendment thereto or by the general laws as set forth in the Ohio Revised Code as amended.
(6) The Board shall not have the power to alter or change the zoning district classification of any property, nor to make any change to the terms or intent of the Zoning Ordinance, but does have power to act on those matters where the Zoning Ordinance provides for judicial review, interpretation, variance or conditional use.
(Ord. 30-22. Passed 12-12-22.)