(A) Authority. The Board of Zoning Appeals is hereby created and authorized to act as the administrative board as provided in R.C. § 713.11, having all powers and duties prescribed by law and by this chapter.
(B) Composition and appointment. The Board shall consist of six members appointed by the Mayor and approved by the Council. Each member shall be appointed in accordance with the Charter. The mayor may remove any member for reasons stated in writing. In the event of death or removal of a member, the Mayor shall, with the approval of the Council, make the appointment for the duration of the unexpired portion of the term of the deceased or removed member. Vacancies created by resignation shall be filled in the same manner.
(C) Organization. The Board of Zoning Appeals shall elect a chairman from its membership, shall appoint a clerk, and shall prescribe rules of the conduct of its affairs.
(D) Quorum. The Board of Zoning Appeals shall require a quorum of four members at all its meetings and the concurring vote of four members shall be necessary to effect any order.
(E) Meetings. The Board of Zoning Appeals shall meet at the call of its chairman or two other members, and at such other regular times as it may by resolution determine.
(F) Witnesses. The Board of Zoning Appeals chairman or acting chairman may administer oaths and compel the attendance of witnesses in all matters coming within the purview of this chapter.
(G) Powers and duties. The Board of Zoning Appeals shall have the further powers and duties specified as follows:
(1) Interpretation. Upon appeal from a decision by an administration official, the power to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(2) Exceptions. The power to issue special permits as authorized by this chapter. In granting any special permit, the Board of Zoning Appeals and the Planning and Zoning Commission shall act in compliance with the provisions of this chapter for zones pertaining thereto, and shall prescribe any conditions that it deems to be necessary to or desirable for the public interest. However, no such special permit shall be granted by the Board of Zoning Appeals or the Planning and Zoning Commission unless it finds that the use for which the permit is sought will not be injurious to the neighboring or otherwise detrimental to the public welfare and will be in harmony with the general purpose of this chapter.
(3) Variances. The power to vary or adapt the strict application of any of the requirements of this chapter in the case of exceptional circumstances or conditions peculiar to the land or buildings in question, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved in no other case. In granting any variances, the Board of Zoning Appeals shall determine that the variance is in harmony with the general purpose of this chapter, and shall prescribe any conditions it deems necessary or desirable to prevent from said variance to the affected neighborhood or detrimental to the public welfare.
(H) Procedure. The Board of Zoning Appeals shall act in accordance with the procedure specified by law and by this chapter. All appeals and publication shall refer to the specified provision of the ordinance involved, and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. Every decision of the Board of Zoning Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board of Zoning Appeals in the particular case. Each resolution shall be filed in the office of the Board of Zoning Appeals by case number*, special permits, variances, together with all documents pertaining thereto (*one or another of the following headings: Interpretations, Special Permits, etc.).
(I) Notice and hearing. No action of the Board of Zoning Appeals shall be taken in any proceedings under divisions (G) and (H) of this section, and § 152.111(C), until after proper notice has been given and public hearing has been held. Proper notice of a hearing before the Board of Zoning Appeals shall be a public notice by publishing in a newspaper of general circulation in the community and written notice mailed to the owner of property or the agent of such owner; written notice mailed to owners of property, or agent of such owner within 300 feet of such parcel or parcels to be rezoned, at least ten days prior to the date of such proposed hearings.
(J) Appeals.
(1) Appeals to the Board of Zoning Appeals may be taken by any persons, firm or corporation or by any officer, board or department of the municipality deeming himself or itself to be adversely affected by the decision of the administrative official pertaining thereto.
(2) Appeals shall be made no later than 15 calendar days after the date of grievance. The appellant shall post security for the cost of all action required for the hearing of the appeal, however, if the appeal is sustained, no such cost shall be levied against the appellant. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative office whose decision is appealed from shall certify to the Board of Zoning Appeals, after the notice of appeal has been filed, that by reason of facts stated in the certificate that such stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order granted by the Board of Zoning Appeals or by a court having lawful jurisdiction.
(3) Within its powers, the Board of Zoning Appeals may reverse of affirm, wholly or in part, or modify the order, requirement, decision or determination as in its opinion ought to be done in that end shall have all the powers of the officer from whom the appeal is taken and it may issue or direct the issuance of a permit or certificate. The appellant shall post a fee, as designated in the Village Permits and Approvals Fee Schedule, for the cost of all action required for the hearing of the appeal. Any of the fee not used will be returned upon settlement of the approval.
(K) Reconsideration. The Board of Zoning Appeals may, upon its own initiative, within ten days, and without necessitating an applicant's initiating a new application for reconsideration, revise, modify, change or retract a previously rendered decision or condition imposed. Such action by the Board of Zoning Appeals may not be taken without a clear showing that facts have come to its attention within said ten-day period, such facts then providing grounds for reconsideration.
(Ord. passed 12-11-90; Am. Ord. 2018-80, passed 11-20-18)