SECTION 10.03   BOARD OF ZONING AND BUILDING APPEALS.
   (a)   Organization. From and after January 1, 1971, the Board of Zoning and Building Appeals will consist of five (5) regular members and two (2) alternate members, each of whom shall be a resident of the City and a qualified elector for at least two (2) years immediately prior to and during his appointed term, and none of whom shall hold any other public office or employment with the City. The Board shall elect each year its Chairman and it shall appoint a Secretary other than a member of the Board. The salary of said Secretary shall be fixed by Council. In addition to the five (5) regular voting members and the two (2) alternate members of the Board, the Mayor or his representative and one member of Council chosen by the President of Council shall participate as nonvoting members. The alternate members shall serve only in the absence of a regular member or members, so as to have a maximum of five voting members.
   (b)   Terms of Office. Members of the Board shall be appointed by the Mayor with the approval of a majority of the members of Council for a term of five (5) years arranged so that a term expires on December 31 of each year. Any vacancy during an unexpired term shall be filled for the remainder of the term in the same manner as the original appointment. No member shall be appointed to consecutive terms.
   (c)   Meetings. The Board shall meet once a month. Meetings may be cancelled if no appeals are filed. All meetings of the Board shall be open to the public. The Board shall keep a detailed report of all its proceedings including the vote of each member upon every question, or if absent or failing to vote, indicating such fact. Any person may testify at a hearing, or be represented by a duly authorized agent or attorney. The Board shall have the power to subpoena and require the attendance of witnesses, to administer oaths, to compel testimony, to produce reports, findings and other evidence pertinent to any issue referred to it for decision.
   (d)   Power and Duties. The Board shall assist in the administration of the Zoning Code by hearing appeals and deciding issues involving the application of impartial consideration and judgment in regard to:
      (1)   Decisions made by any administrative officer on matters relating to zoning for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits;
      (2)   Applications for variances from certain provisions of, and in accordance with, standards set forth in the Zoning Code where there are exceptional circumstances only applicable to the property involved, with one of the prime factors to be considered the resultant effect on abutting property owners;
      (3)   All matters specifically referred to the Board for decision. The Board may affirm or reverse, wholly or in part, or modify, any such order, requirement, decision, or determination appealed from, and shall make such order, requirement, decision or determination as, in its opinion, ought to be made under the circumstances, and to that end shall have all the powers of the officer from whose decision the appeal is taken. An appeal may be taken from the decisions of the Board in accordance with the general laws of Ohio.
      (4)   Approval or disapproval of materials, types of construction, appliances, devices or appurtenances proposed for use to the extent consistent with the Building Code of the City;
      (5)   Hearing and deciding appeals from, and reviewing, upon motion of any member of the Board, any order, requirement, decision or determination of the Building Inspector or of any administrative official or agency of the City, relating to the design, materials, construction, alteration, repair, equipment, maintenance, removal or demolition of any building or other structure or any appurtenance connected or attached to such building or other structure, regulated by the Building Code of the City and any rule or regulation or amendment or repeal thereof made by said officials or agencies under the authority conferred upon them by the Building Code of the City, by reversing or affirming in whole or in part, or modifying, such order, requirement, decision or determination or rule, regulation, amendment or repeal thereof as in its opinion ought to be made in the premises;
      (6)   The exercise, with respect to buildings situated in the City, of the same powers as are exercised by the Board of Building Standards under the laws of the State of Ohio to the extent that it is competent for this Charter so to authorize the Board; and
      (7)   The formulation and submission to the Council of changes in and amendments to the Building Code which the Board determines are desirable to the proper regulation of buildings and structures and the equipment thereof and appurtenances thereto.
   (e)   Procedure on Appeals. Before the Board of Zoning and Building Appeals may take final action on any appeal, it shall hold a public hearing and give notice thereof in general terms of the subject of the appeal by posting such notice at the City Hall and by mailing it by first class mail at least fifteen days prior to the public hearing to the owners of property contiguous to and directly across the street from the parcel or parcels which are the subject of the appeal, such notices to be mailed to the addresses of such owners appearing on the County Auditor’s current tax list or the County Treasurer’s mailing list. The Board shall inspect the site which is the subject of an appeal at some time prior to taking final action on the appeal.
(Amended 11-3-70; 11-5-85; 11-6-90)