157.01 Election of officers.
157.02 Recording Secretary.
157.03 Removal of members.
157.04 Regular meetings.
157.05 Special meetings.
157.06 Cancellation of meetings.
157.07 Order of business.
157.08 Agenda.
157.09 Time set for hearing.
157.10 Hearings.
157.11 Conduct of public hearings.
157.12 Conduct at hearing on merits.
157.13 Jurisdiction.
157.14 Quorum and voting.
157.15 Application.
157.16 Delivery of rules to applicant.
157.17 Amendments to application.
157.18 Amendments to rules.
157.19 Decision.
157.20 Transcript.
157.21 Subpoena.
157.22 Costs.
157.23 Witness fees.
CROSS REFERENCES
Board of Zoning and Building Appeals - see CHTR. 6.02
Procedure - see CHTR. 6.05
Conflict of interest - see CHTR. 8.08
State law provisions - see Ohio R.C. 713.11
Zoning powers and duties - see P. & Z. Ch. 1131
The Board annually shall elect from its members a Chairman, Vice-Chairman, and Secretary who shall serve for a term of approximately one (1) year commencing with the first meeting of the calendar year subsequent to Council appointments and continuing until the first meeting of the next succeeding year subsequent to Council appointments.
The Chairman shall preside at all meetings. In the absence of the Chairman, the Vice-Chairman shall be the presiding officer. In the absence of both the Chairman and Vice-Chairman, the Secretary shall be the presiding officer.
(Ord. 10-O-51. Passed 7-6-10.)
(a) A member of the Board of Building and Zoning Appeals may be expelled or removed from the Board for one or more of the following reasons.
(1) Conviction while in office of a felony or other crime involving moral turpitude,
(2) Violation of his oath of office, including gross misconduct or malfeasance or nonfeasance in, or disqualification for office, or
(3) Continuous absence from more than three consecutive regular meetings of the Board of Building and Zoning Appeals without a valid reason or excused absence by the Chairman or absence from more than fifty percent of the regular meetings during any twelve-month period.
(b) Action to remove a member from the Board can be brought by two or more members of the Board, in writing, specifying the reasons for requesting removal. A date will be set for a public hearing. The accused member shall be notified in writing of the charge or charges against him at least fifteen (15) days in advance of such public hearing and he or his counsel shall be given an opportunity to be heard, present evidence, and examine witnesses appearing in support of such charge or charges.
(c) Expulsion or removal from the Board shall be upon the concurrence of five (5) or more members of the Board of Building and Zoning Appeals after a public hearing upon the charge or charges brought and thereupon the office of any such removed or expelled member of the Board shall be vacant. The City Council will be notified of the vacancy on the Board so that a replacement member can be appointed.
(Ord. 10-O-51. Passed 7-6-10.)
Regular meetings shall be held at 7:00 p.m. on the second Tuesday of each month or such other hour as the Chairman may designate. The first regular meeting of the calendar year subsequent to Council appointments shall constitute the annual organizational meeting of the Board. (Ord. 10-O-51. Passed 7-6-10.)
Special meetings may be called by the Chairman at any time provided at least forty-eight (48) hours notice shall be given each member. The Chairman shall call a special meeting within ten (10) days of receipt of a written request from any two (2) Board members.
(Ord. 10-O-51. Passed 7-6-10.)
The application shall be set for hearing on the agenda of the Board within a reasonable time taking into consideration the amount of time estimated to hear the case and other matters already pending on the agenda. The Board may set special hearing dates in addition to the regular hearing dates. (Ord. 10-O-51. Passed 7-6-10.)
The Board shall conduct a public hearing before conducting a hearing on the merits of the case. At the beginning of the public hearing, the presiding officer shall inform the members of the public in attendance of the nature of the relief sought by reading or summarizing the notice thereof. The presiding officer shall also briefly describe the rights of the applicant. To more fully acquaint the public with the nature of the case, the presiding officer may call upon the applicant or City representative to comment upon same.
Any person wishing to be heard shall give his or her name and address. At the time designated by the presiding officer, any person wishing to be heard shall be recognized by the presiding officer to speak for or against the relief sought. The presiding officer shall regulate the hearing so that all comments shall be precise, to the point, and non-repetitive.
(Ord. 10-O-51. Passed 7-6-10.)
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