The Board of Zoning Appeals designated by the Mayor as described in Section 5.14 of the Charter for the City of Harrison and Section 1171.05A., is a quasi-judicial body that shall hear request for appeals to the Zoning Ordinance, and decide whether or not to grant the request. The Board of Zoning Appeals shall have such additional powers and duties as provided by this Ordinance. (Ord. 6-22. Passed 5-17-22.)
A. Appointment of the Board of Zoning Appeals
The Board of Zoning Appeals (Board) shall consist of five (5) members, who shall be qualified electors of the City and appointed by the Mayor with the consent of City Council. The term of office shall be five (5) years and their terms shall be so arranged that the term of one (1) member shall expire each year. Any vacancy shall be filled for the remainder of the unexpired term in the manner the original appointment was made.
B. Proceedings of the Board of Zoning Appeals
1. The Board of Zoning Appeals shall annually elect a President and Vice- President. The Secretary shall be the Administrative Coordinator of the City of Harrison. The Board of Zoning Appeals shall adopt rules for the conduct of its affairs in keeping with the provisions of the City Charter and this Ordinance.
2. The Secretary shall record Board of Zoning Appeals action and 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 minutes shall be public record and immediately filed in the Office of the Clerk of Council.
3. Meetings shall be held at the call of the President and at such other times as the Board of Zoning Appeals may determine. The President, or in his or her absence, the Vice-President, may administer oaths and compel the attendance of witnesses. All meetings and hearings shall be open to the public. If permitted under Ohio Law, The Board of Zoning Appeals may go into Executive Session for discussion, but not for a vote on any case before it.
4. A quorum of the Board of Zoning Appeals shall consist of a majority of all the members of the Board of Zoning Appeals. The Board shall decide upon all applications or appeals within twenty-one (21) days after the final hearing. Unless otherwise specifically set forth in this zoning code, no variance nor conditional use exception shall be granted without the affirmative vote of at least three (3) members of the Board. All other decisions of the Board shall require not less than three (3) concurring votes. No member of the Board of Zoning Appeals shall be authorized to vote by proxy.
5. The Board of Zoning Appeals shall have the power to subpoena witnesses, administer oaths, and cite for contempt, and require the production of documents, under such regulations as it may establish.
6. Conditional approvals not picked up within six (6) months will be null and void.
C. Duties of the Board of Zoning Appeals
For the purpose of this Ordinance, the Board of Zoning Appeals has the following specific responsibilities:
1. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Director of Zoning or his/her authorized representative.
2. Authorize such variances from the terms of this Ordinance as will not be contrary to the public interest, where owing to the special conditions, a literal enforcement of this Ordinance will result in unnecessary hardship and so that the spirit of this Ordinance shall be observed and substantial justice done.
3. (EDITOR’S NOTE: Former subsection C.3. was deleted by Ordinance 6-22, passed May 17, 2022.)
4. The Board of Zoning Appeals may call upon and make use of such information and counsel as is available from the various public officials, departments, and agencies of the City for assistance in the performance of its duties. It shall be the duty of such public officials, departments, and agencies to render such assistance to the Board of Zoning Appeals as may reasonably be required.
5. Perform such other functions and have such other powers as Council may provide.