(1) Reference. The Zoning Board of Appeals, established in the City Charter, shall be known and hereafter referenced as the BZA in this Code.
(2) Membership. The members of the BZA shall be appointed to five-year staggered terms by the Mayor per the City Charter.
(Charter, Article VII, § 7.6)
(3) Powers and duties. The BZA shall have the following functions, powers and duties, exercisable in accordance with the procedures contained in this Code, Ohio Revised Code and as established by the City Charter:
(A) To hear, review and make decisions on appeals where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Code or any amendment adopted pursuant thereto. Such appeals shall be made pursuant to § 157.055; and
(B) To hear, review and make decisions on applications to vary the terms of this Code, unless otherwise specified, when such variance will not be contrary to the public interest, where, owing to special conditions, literal enforcement of the provisions of this Code will result in undue hardship, and so that the spirit of this Code, shall be observed and substantial justice done. Such variances shall be made pursuant to § 157.054.
(4) Meetings.
(A) All meetings of the BZA shall be open to the public and the BZA 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 filed in the Offices of the Zoning Division and City Council.
(B) The chairperson, or in his or her absence, the acting chairperson, may administer oaths, and the BZA may compel the attendance of witnesses.
(5) Action by the BZA. Any action taken by the BZA shall have the supporting votes of the majority of the full membership present at a hearing of the BZA.
(6) Bylaws. The BZA shall, by a majority vote of its entire membership, adopt bylaws governing its procedures on such matters as officers, agendas, voting, quorum, order of business and related matters as it may consider necessary or advisable; provided such bylaws are consistent with the provisions of this Code.
(Prior Code, § 1223.05) (Ord. 2009-21, passed 10-27-2009)