1131.05 POWERS AND DUTIES OF PLANNING AND ZONING BOARD.
   For the purposes of the Planning and Zoning Code, the Board is hereby designated as the platting authority of the Village of Millersburg and shall have the powers and authority granted under Chapters 711, 713 and 735 of the Ohio Revised Code, including the following specific responsibilities:
   (a)   Take actions to approve, approve with modification or disapprove subdivisions, as authorized by the Planning and Zoning Code.
   (b)   Review all proposed amendments to the Planning and Zoning Code in accordance with 1137, and make recommendations to the Village Council.
   (c)   Authorize such variances from the terms of the Planning and Zoning Code as will not be contrary to the public interest, where, owing to the special conditions of the land, a literal enforcement of the Planning and Zoning Code will result in unnecessary hardship, in accordance with the provisions of Chapter 1139.
   (d)   Hear and decide appeals where it is alleged there is an error in any order, requirements, decision, or determination made by the Zoning Inspector.
   (e)   Declare a zoning permit null and void pursuant to Section 1133.11.
   (f)   Grant zoning permits for conditional uses as specified in the district regulations and establish such additional safeguards as will uphold the intent of the Planning and Zoning Code.
   (g)   Authorize the substitution or extension of nonconforming uses, as specified in Chapter 1145.
   (h)   Prepare and present a zoning plan for newly annexed territory, pursuant to Section 1153.04.
   (i)   Such other powers and duties as specified in the other Chapters of the Planning and Zoning Code.
   In exercising its duties, the Board may, as long as such action is in conformity with the terms of the Planning and Zoning Code, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, 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 four (4) members of the Board shall be necessary to reverse any order, decision, or determination of the Zoning Inspector, or to decide in favor of the applicant on variation in the application of the Planning and Zoning Code.
(Ord. 2004-111. Passed 7-26-04.)