The Board of Zoning Appeals shall have such powers and duties as provided for in Ohio R.C. Section 713.11 and as provided for by law and this section as follows:
In exercising its duties, the Board may, as long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken.
The concurring vote of three members of the Board shall be necessary to reverse the order, requirement, decision, or determination of the Zoning Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass on under the terms of this chapter or to effect any variation in the application of this chapter.
For the purpose of this chapter, the Board shall have the following specific responsibilities:
(a) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Inspector.
(b) To authorize such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this chapter will result in an unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done.
(c) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Inspector.
(d) To authorize such variances from the terms of the ordinances under the Board of Appeals' jurisdiction as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of such ordinance will result in unnecessary hardship.
The spirit of such ordinances should be observed and substantial justice done. Such ordinances shall include, but are not limited to, the Residential Building Code, fence regulations, swimming pool regulations and sign regulations, etc.
Written notice of the request for a variance shall be mailed by the Board of Zoning Appeals by first class mail, at least five days before the date of the hearing of such variance, to all landowners and/or occupants abutting the land for which the variance was requested, including those directly across the street from such land.
The failure of delivery of such notice shall not invalidate any of the proceedings for a variance.
The Board of Zoning Appeals shall also provide the papers of local circulation with the information concerning the hearing on request for variance.
(Ord. 2696-95. Passed 1-4-95.)