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The Building Inspector shall have the following responsibilities and powers:
A. Enforce the provisions of this Code and interpret the meaning and application of its provisions.
B. Receive, review and make determinations on applications for zoning permits (parking), also no person shall construct an accessory structure without first making application to the Building Department and obtaining a zoning permit for same. Fees for accessory structure permits shall be as provided in Section 109.13 of Elyria Codified Ordinances. This section shall not be construed as relief from any requirements to obtain other approvals/permits if required by other sections of the Elyria Codified Ordinances.
C. Review and process plans pursuant to the provisions of this Code.
D. Make determinations as to whether violations of this Code exist, determine the nature and extent thereof, and notify the owner in writing, specifying the exact nature of the violation and the manner in which it shall be corrected by the owner, pursuant to the procedures in this Code.
E. Conduct inspections of buildings and uses of land to determine compliance or noncompliance with this Code.
F. Maintain permanent and current records required by this Code, including, but not limited to, the Official Zoning Map, zoning permits, inspection documents and records of all variances, amendments and conditional uses. These records shall be made available for use to the City Council, the Planning Commission, the Board of Zoning Appeals and the public.
G. Revoke permits or approvals based on a false statement, misrepresentation, or inaccurate information in the application therefor or where a provision of this Code has been violated.
(Ord. 98-176. Passed 8-3-98; Ord. 2019-117. Passed 8-5-19.)
The Planning Commission shall have the following responsibilities and powers as they relate to this Code:
A. Initiate advisable Official Zoning Map changes, or changes in the text of this Code where the same will promote the best interest of the public in general, through recommendation to the City Council.
B. Review all proposed amendments to the text of this Code and the Official Zoning Map and make recommendations to the City Council.
C. Carry on a continuous review of the effectiveness and appropriateness of this Code and recommend such changes or amendments as it feels would be appropriate.
D. Review and act on site plans.
(Ord. 98-176. Passed 8-3-98.)
The Board of Zoning Appeals shall have the following responsibilities and duties:
A. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Building Inspector in the enforcement of this Code.
B. To authorize such variances from the terms of this Code as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this Code will result in unnecessary hardship, and so that the spirit of this Code shall be observed and substantial justice done.
C. On appeal, to hear and decide on such special exceptions as the Board is specifically authorized to pass on by the terms of this Code.
D. To interpret the provisions of this Zoning Code or the Zoning Map where there is doubt as to meaning or application. The Board shall have the specific power to:
1. Interpret the precise location of the boundary lines between zoning districts.
2. 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 use in accordance with the intent and purpose of each district.
E. To exercise such other powers as may be granted to the Board by this Code, amendments hereto or the general laws as set forth in the Ohio Revised Code, as amended.
The Board shall not have the power to alter or change the zoning district classification of any property, nor to make changes in the terms or intent of this Code, but does have the power to act on those matters where this Code provides for review, interpretation or variance, as defined in this chapter.
(Ord. 98-176. Passed 8-3-98.)
The following shall apply to the organization and procedures of the Board of Zoning Appeals:
A. Appointment.
The Board shall be composed of five (5) electors of the City. Members shall be appointed by the Mayor for a period of five (5) years. The terms shall be 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.
B. Organization and Rules.
The Board shall organize annually and elect a Chairperson, Vice-chairperson and secretary from its membership. The secretary need not be a member of the Board. The Board shall adopt such procedural rules as may be necessary to carry into effect the provisions of this Zoning Code and to exercise the powers and jurisdiction conferred upon it by this Code.
1. The Chairperson 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 Chairperson may appoint committees deemed necessary to carry out the business of the Board. The Chairperson may administer oaths and compel the attendance of witnesses as necessary to carry out the business of the Board. The Chairperson's signature shall be the official signature of the Board and shall appear on all decisions as directed by the Board.
2. The Vice-chairperson shall serve in the absence of the Chairperson and shall have all the powers of the Chairperson during his or her absence, disability or disqualification.
3. The secretary shall keep minutes of all meetings and shall be responsible for all official correspondence of the Board.
C. Meetings.
Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. All meetings shall be open to the public.
D. Voting.
All actions of the Board shall be taken by resolution, the vote of each member being recorded. Three members of the Board shall constitute a quorum to do business. A concurring vote of three (3) members shall be necessary to grant variances from the strict letter of this Code or to reverse any other order, requirement, decision or determination of the Building Inspector. No member of the Board shall vote on any matter in which he or she is personally or financially interested.
E. 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 actions, all of which shall be certified correct and filed in the City Hall and shall be a public record.
F. 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.
G. Department Assistance.
The Board may call on all City 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 Department of Community Development staff 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.
H. Alternate members of the Board.
The Mayor may appoint up to three alternate members to the Board, each for a term of five years. An alternate member shall take the place of an absent regular member at any meeting of the Board, according to procedures prescribed by the Board. An alternate member shall meet the same qualifications and criteria for appointment as a regular member. When attending a meeting in the place of an absent member, the alternate member is authorized to vote on any matter upon which the absent member is authorized to vote.
(Ord. 98-176. Passed 8-3-98; Ord. 2017-162. Passed 11-20-17.)
The following guidelines shall govern the actions of the Board of Zoning Appeals:
A. The Board shall be governed by the provisions of all applicable State statutes, local laws, ordinances and rules set forth herein.
B. The Board shall become familiar with all enacted ordinances and laws of the City under which it may be expected to act as well as with applicable State enabling legislation.
C. The Board shall uphold the Zoning Ordinance and Official Zoning Map as adopted and shall serve primarily as a judicial review in the performance of its duties.
D. The Board shall become familiar with the community goals, desires and policies. The Board shall not act as a legislative body, or, through interpretation, the granting of variances or the setting of conditions, subvert the basic intent of this Zoning Code to be generally and equally applicable to all persons covered by a zoning district.
(Ord. 98-176. Passed 8-3-98.)
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