(a) A Board of Zoning Appeals is hereby created. Such Board shall consist of five members appointed by the Mayor and confirmed by Council. The terms of all members shall be of such length and so arranged that the term of one member will expire each year. Each member shall serve until his or her successor is appointed and confirmed. Members of the Board shall be removable by Council for nonperformance of duty, misconduct in office or other cause upon written charges having been filed with Council and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten days prior to the hearing, either personally or by registered mail or by leaving the same at his or her usual place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by the Mayor and confirmed by Council and shall be for the unexpired term.
(b) The Board shall organize and adopt rules in accordance with the provisions of this Zoning Code. 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 or her absence, the acting Chairman, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. All business of the Board shall be transacted at such meetings. 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. The Board shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of Council and be a public record.
(c) Appeals to the Board may be taken by any person aggrieved. Such an appeal shall be taken within 20 days after the decision by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. The Board shall fix a reasonable time for the hearing of the appeal, give ten days notice to the parties in interest and decide the same within a reasonable time after it is submitted. Any party may appear in person or by attorney at the hearing.
(d) The powers of the Board are to:
(1) Interpret the Zoning Code, specifically to:
A. Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of this Zoning Code;
B. Permit the extension of a district where the boundary line of a district divides a lot held in single ownership at the time of the passage of this Zoning Code (Ordinance 1301, passed July 6, 1976); and
C. Interpret the provisions of this Zoning Code in such a way as to carry out the intent and purpose of the plan, as shown upon the District Map, fixing the several districts accompanying and made a part of this Zoning Code where the street layout on the ground varies from the street layout as shown on the Map;
(2) Permit the following two exceptions:
A. The use of premises for public utility and railroad purposes or for a radio or television tower or broadcasting station; and
B. Repair and maintenance of nonconforming structures, provided they are limited to normal upkeep and maintenance, and minor alteration and modernization so long as the cubic content is not increased;
(3) Permit the following three variances:
A. Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, which condition is not generally prevalent in the neighborhood and which condition, when related to the yard regulations of this Zoning Code, would prevent a reasonable or sensible arrangement of buildings on the lot;
B. Vary the parking regulations where an applicant demonstrates conclusively that the specific use of a building would make unnecessary the parking spaces required by this Zoning Code, provided that such a reduction is not more than 50% of the usual requirement; and
C. Vary the requirements imposed by a Certificate of Appropriateness issued by the Design Review Board.
(4) Grant conditional use permits, specifically to: Hear and decide upon applications for conditional use permits specifically listed in the district regulations of this Zoning Code. Before authorizing the issuance of such a conditional use permit, the Board may impose such conditions as will, in the Board's judgment, ensure that:
A. The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
B. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted or substantially diminish or impair property values within the neighborhood.
C. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
D. Adequate utilities, access roads, drainage and/or other necessary facilities will be provided.
E. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
F. The conditional use shall in all other respects conform to the applicable regulations of the district in which it is located and the Board shall find that there is a public necessity for the conditional use.
(5) Rule on appeals from decisions made by the Design Review Board designating a property as a Historic Property or including a property in a Historic Preservation District.
(e) Conduct of Public Hearings.
(1) Right of all Persons to Speak. Any person may appear at a public hearing and submit evidence, either individually or as a representative of a person or an organization. Anyone representing a person or an organization shall present evidence of their authority to speak on behalf of the person or organization in regard to the matter under consideration. Each person who testifies at a public hearing shall be sworn, identified, state an address, and if appearing on behalf of a person or an organization, state the name and mailing address of the person or organization. The testimony given at a public hearing shall be recorded by an audio recording device or by some other means.
(2) Hearing of Testimony and Other Evidence. The body conducting the public hearing may establish time limits for the presentation of testimony or other evidence and may exclude testimony or evidence upon finding it to be irrelevant or unduly repetitious.
(3) Submission of Testimony and Other Evidence. In the event any testimony or other evidence is excluded as irrelevant or unduly repetitious, the person offering such testimony or evidence may reduce such testimony or evidence to written form and submit such written testimony or evidence for the record.
(4) Continuance of Public Hearing or Meeting. The body conducting the public hearing or meeting may, upon the body’s or officer’s own motion, continue the public hearing or meeting to a fixed date, time and place. In the case of a decision-making body, a majority of the voting members present at the hearing or meeting at which a quorum is present shall be required to approve the continuance. An applicant shall have the right to request a continuance, which may be granted at the discretion of the body conducting the public hearing upon good cause shown.
(5) Deliberation and voting. Deliberation and voting shall take place after the public hearing.
(f) Appeals. Decisions of the Board of Zoning Appeals may be appealed in accordance with R.C. Chapter 2506, including by the Village of Jefferson. In the event the village desires to appeal a decision of the Board of Zoning Appeals, the Council of the Village of Jefferson must first authorize the appeal by roll call vote.
(`80 Code, § 1244.01) (Ord. 1301, passed 7-6-76; Ord. 1425, passed 4-2-79; Ord. 2306A, passed 4-17-00; Ord. 2803, passed 5-3-10; Ord. 2020-0-3193, passed 6-18-20)