(a) The Board of Zoning Appeals is authorized to act as provided in Ohio R.C. 713.11 and shall have all the powers and duties prescribed by law, the Charter of the City of Kirtland, and the Planning and Zoning Code.
(b) For the purpose of this Planning and Zoning Code, the Board of Zoning Appeals shall have the following powers and duties:
(1) To hear and decide appeals. The Board of Zoning Appeals shall hear and determine all appeals from any decision or action made by the Zoning Inspector, or by any administrative officer, except determinations of the Planning and Zoning Commission, on matters relating to this Planning and Zoning Code, for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits, and then to decide appeals by either reversing, affirming wholly or in part or modifying such order, requirement, decision or determination.
(2) To authorize variances from the terms of this Planning and Zoning Code. When practical difficulties or unnecessary hardships, depending on the type of variance sought, result through the strict and literal interpretation and enforcement of the provisions hereof, the Board of Zoning Appeals shall have authority, subject to Article III, Section 3 of the Charter, to grant upon such conditions as it may determine, such variances from the provisions of the Planning and Zoning Code as may be in harmony with its general purpose and intent, so that the spirit of the Planning and Zoning Code shall be observed, public safety and welfare secured and substantial justice done.
(3) To authorize a variance for nonconforming uses according to the criteria set forth in Chapter 1282.
(4) To retain the services of technical experts and such other persons as may be required to perform its duties.
(5) To hear and decide all matters specifically referred to it for decision such as district boundary lines and other sections of this Planning and Zoning Code.
(6) To adopt rules and regulations, provided they are not in conflict with this Planning and Zoning Code or the Charter of the City of Kirtland, for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of its powers.
(7) To compel and require the attendance of witnesses by power of subpoena, to administer oaths, to compel testimony, to produce reports, findings and other evidence pertinent to any issue referred to it for decision.
(Ord. 08-O-37, passed 12-1-2008)