(a) Jurisdiction and Authority. The Zoning Board of Appeals shall have the following jurisdiction and authority subject to the provisions of this Code:
(1) To hear and decide appeals from, and to review orders, decisions, or determinations made by the Building, Planning & Zoning Manager; Building Commissioner; or the Planning Commission.
(2) To hear and decide upon applications for variances from the requirements of this Code pursuant to the provisions of Chapter 1284.
(3) Upon reasonable written request, to make its special knowledge and expertise available to any official, department, board, or commission of the Village, to aid them in the performance of their respective duties relating to zoning and its administration in the Village.
(b) Membership. The Zoning Board of Appeals shall consist of five members appointed by the Mayor, and confirmed by a majority of the Village Council. Three members shall be residents of the Village. The members shall serve for a term of five years and until their successors have been appointed. The terms of any two members shall not expire in the same year. A vacancy that may occur shall be filled for the balance of the unexpired term by appointment of the Mayor. A member shall be eligible for reappointment.
(c) Chairperson, Secretary. The Zoning Board of Appeals shall elect from among its members a Chairperson and a Secretary to fulfill the customary functions of those offices.
(d) Quorum and Necessary Vote. No business shall be transacted by the Zoning Board of Appeals without a quorum, consisting of three members, being present. The concurring vote of at least three members of the Zoning Board of Appeals shall be necessary on any motion to reverse any order, requirement, decision, or determination appealed to it; to decide in favor of the applicant any application made; or to recommend any variation from the provisions of this Code.
(e) Absent Members. No member absent from any portion of a proceeding shall be qualified to vote upon the matter heard unless that member shall first certify on the record that he or she has reviewed the entire record of any such portion of the proceeding during which he or she was absent and has fully informed himself or herself of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.
(f) Meetings; Hearings; Procedures. Meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson or as provided by rule of the Zoning Board of Appeals. Special meetings shall be called at the request of the Chairperson or of any two members of the Zoning Board of Appeals or of the Village Council.
(1) All meetings, hearings, and deliberations of the Zoning Board of Appeals shall be open to the public, except when closed pursuant to the provisions of applicable state law.
(2) All testimony at any hearing of the Zoning Board of Appeals shall be given under oath.
(3) The Zoning Board of Appeals shall adopt its own rules of procedure for the conduct of its business not inconsistent with this Code and the statutes of the State of Ohio. Such rules shall be filed with the Village Clerk. Any rule so adopted that relates solely to the conduct of the Zoning Board of Appeals’ hearing and that is not mandated by this Code or the statutes of the State of Ohio, may be waived by the Chairperson upon good cause being shown.
(g) Record. The transcript of testimony, if any; minutes; all applications, requests, exhibits, and papers filed in any proceeding before the Zoning Board of Appeals; and the decision of the Zoning Board of Appeals shall constitute the record.
(h) Decisions.
(1) Every decision of the Zoning Board of Appeals shall be by written resolution which shall include findings of fact; shall refer to all the evidence in the record and to the exhibits, plans or specifications upon which such decision is based; shall specify the reason or reasons for such decision; shall contain a conclusion or statement separate from the findings of fact setting forth the specific relief granted or denying relief or setting forth the decision of the Zoning Board of Appeals; and shall expressly set forth any limitations or conditions imposed on any relief granted or work or use authorized.
(2) The Zoning Board of Appeals may take final action on any decision pertaining to an application pending before it prior to the preparation of a written resolution, but in such event it shall, before taking such action, first state its findings and conclusions as above required at a meeting open to the public. The Zoning Board of Appeals’ decision shall be deemed made as of the date of the taking of such final action. The written resolution incorporating such findings and conclusions shall be presented and approved at the next meeting of the Zoning Board of Appeals.
(3) In any case where this Code provides that the failure of the Zoning Board of Appeals to act within a fixed period shall be deemed to be a denial of an application, such failure shall, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the Zoning Board of Appeals rendered on the day following the expiration of such fixed period.
(i) Conflicts. No member of the Zoning Board of Appeals shall participate in the hearing or disposition of any matter in which that member has an interest as such term is defined by State of Ohio law and Village ordinance. Any conflict of interest prohibited by State of Ohio or Village of Evendale law shall disqualify a member.
(j) Appeals. An appeal from any final decision of the Zoning Board of Appeals may be taken to the Village Council pursuant to Chapter 1284
, § 1284.06
.
(Ord. 12-64. Passed 3-12-13; Ord. 15-06. Passed 1-20-15; Ord. 20-21. Passed 3-10-20.)