(a) Establishment. Pursuant to authority granted under the Ohio Revised Code, a Board of Zoning Appeals is hereby created, consisting of five (5) members to be appointed by the Mayor for overlapping terms of two (2) years. Three (3) members shall have initial terms of one (1) year to allow for this overlapping. All members of the Board shall be residents of the City of Galion, and shall serve until their successor is appointed. Vacancies shall be filled by the Mayor and shall be for the unexpired term.
(b) Alternate Members. Two (2) alternate members shall be appointed by the Mayor for four (4) year terms. Alternates shall be called in rotation to attend meetings when a regular member cannot attend.
(c) Removal of Members. Members of the Board shall be removable for non-performance of duty, misconduct in office, relocation to a residency outside the City or other cause, by the City Council, after a public hearing has been held regarding such charges. The member shall be given the opportunity to be heard and answer such charges.
(d) Procedures. The following procedures shall govern the operation and meetings of the Board of Zoning Appeals:
(1) The Board shall adopt such rules and regulations consistent with this Ordinance. The Board shall elect a Chairman and Vice Chairman. The concurring vote of three (3) members of the Board shall be necessary to reverse an order, requirement, decision or determination of the Building Inspector.
(2) The meetings of the Board shall be public, and shall be held at the call of the Chairman, after compliance with public notification procedures as required by the Ohio Revised Code, as amended.
(3) 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.
(4) The Board shall have the power to subpoena witnesses, administer oaths, and may require the production of documents, under such regulations as it may establish.
(5) The Board may call upon the various departments of the City 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 reasonably be required.
(e) Powers and Duties. In exercising its duties, the Board may, as long as such action is in conformity with the terms of this section, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, decision, or determination as ought to be made, and to that end shall have the powers of the Code Inspector from whom the appeal is taken. No appeal may be taken to the Board in connection with any matter over which the Planning Commission has jurisdiction. For the purpose of this section, the Board has the following specific responsibilities:
(1) Interpret the boundaries of the Official Zoning District Map, in accordance with the provisions of this section.
(2) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Code Inspector related to this Ordinance.
(3) Authorize such variances from the terms of the zoning provisions of this Ordinance as will not be contrary to the public interest, where, owing to special conditions of the land, a literal enforcement of this Ordinance will result in practical difficulty. (Ord. 2014-44. Passed 5-13-14.)