1242.01 Intent.
1242.02 Membership; terms of office.
1242.03 Officers; powers and duties.
1242.04 Meetings and rules.
1242.05 Procedure on appeals and applications.
1242.06 Reserved.
1242.07 Reasons for granting variances related to area.
1242.08 Lapse of variances.
1242.09 Re-application to the Board of Zoning and Building Appeals after disapproval.
1242.10 Interpretation of Zoning Map.
1242.11 Re-application for change of variance.
CROSS REFERENCES
Appeals from zoning decisions - see Ohio R.C. 713.11
Fees for processing matters before the Board - see P. & Z. Ch. 1238
Amendments - see P. & Z. Ch. 1244
Existing uses and performance standards - see P. & Z. 1248.03
Nonconforming uses, lots and structures - see P. & Z. Ch. 1286
A Board of Zoning and Building Appeals is hereby established as provided in Article XI of the City Charter, to assist in the administration of this Zoning Code, particularly to decide and interpret provisions which require impartial adjustments of conflicting interests and to grant variances where the strict letter of this Code causes practical difficulties as defined by the variance standards set forth herein. Such a Board is herein established to achieve among others, the following purposes:
(a) To provide a method for alleviating practical difficulties by allowing a reasonable use for individual parcels of property which, because of unusual or unique circumstances, may be denied a reasonable use by a literal application of the terms of this Code;
(b) To review or appeal any order, requirement, decision or determination made by the Zoning Administrator;
(c) To provide an administrative board, independent from all other Municipal boards or commissions, to act only pursuant to and in accordance with the standards established by the legislative body to hear and decide appeals which are to be tried over again from the beginning (de novo);
(d) To provide that decisions and the granting of variances will sustain the constitutionality of the Code;
(e) To interpret the Zoning Map.
(Ord. 2010-059. Passed 3-7-11.)
(a) The Board of Zoning and Building Appeals shall consist of five (5) regular members and one (1) alternate member appointed by the Mayor with the approval of a majority of members elected to Council. Members of the Board shall serve a five (5)-year term without compensation.
(Ord. 2010-059. Passed 3-7-11.)
(a) The Board of Zoning and Building Appeals shall elect from among its members a Chairman, a Vice-Chairman and Secretary. The Board shall adopt rules and regulations consistent with this Zoning Code as may be necessary to carry into effect the duties, powers and responsibilities conferred herein. The powers, duties and responsibilities of the Board shall be:
(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 Administrator or another administrative official in the administration or enforcement of this Zoning Code, unless otherwise provided in this Zoning Code;
(2) To permit variations from this Zoning Code in individual cases as may be required to afford justice and avoid practical difficulty to property owners in accordance with standards established by ordinance of Council and/or this Zoning Code;
(3) To permit alterations, reconstruction, and substitutions when a building contains a nonconforming use in conformance with the provisions of this Code;
(4) To resolve any disputes with respect to the precise location of a zoning district boundary; and,
(5) To hear and decide all other matters referred to and upon which it is required to pass by this Code.
(Ord. 2010-059. Passed 3-7-11.)
(a) Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman or, in his absence, the Vice-Chairman, may administer oaths and the Board shall be open to the public.
(b) Three (3) members of the Board shall constitute a quorum. The Board shall act by resolution, and the concurring vote of three (3) members of the Board shall be necessary to reverse any order or determination of the Zoning Administrator or to decide in favor of an applicant in any matter of which the Board has original jurisdiction or to grant any variance from the requirements stipulated in this Zoning Code.
(c) After proper application has been made, the Board shall make appropriate investigations. The Board may call upon other municipal departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
(d) 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 immediately filed in the office of the Zoning Administrator and shall be a public record.
(e) It shall be the responsibility of the Board Chairman, or Vice-Chairman to elicit the position of the administration pertaining to any application regarding new construction of a residence, or, new construction or an addition to a structure other than a residence, in the course of the Board's review and prior to making a final decision thereon.
(Ord. 2010-059. Passed 3-7-11.)
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