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(a) Meetings and Rules. The Board of Zoning Appeals shall organize and adopt rules in accordance with the provisions of this Zoning Code. Meetings of the Board shall be held at the call of the chairman, and at such other times as the Board may determine. The Chairperson, or in that person's absence, the acting chairperson, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be held as provided in Chapter 128 of the Codified Ordinances. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Clerk of Council and shall be a public record.
(Ord. 961-92. Passed 2-13-92.)
(b) Quorum and Voting. Three members of the Board shall constitute a quorum. The Board shall act by resolution and the concurring vote of three members of the Board shall be necessary to reverse any order or determination of the Zoning Inspector, or to decide in favor of an applicant in any matter over which the Board has original jurisdiction under this Zoning Code; or to grant any variance from the requirements stipulated in this Code.
(c) Departmental Assistance. The Board may call upon City departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
(Ord. 82. Passed 11-14-60.)
(a) General. In exercising its powers, the Board of Zoning Appeals may, in conformance with the provisions of this Zoning Code, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may take such order, requirement, decision or determination as ought to be made, and, to that end, shall have all powers of the office from whom the appeal is taken.
(b) Special Exceptions. The Board shall have the power to permit, upon appeal, special exceptions specifically provided for in this Zoning Code, for which, in special situations, the Board has authority, in conformance with general rules, to grant zoning certificates, subject to such safeguards as the Board may consider appropriate in order to adequately protect the public interest and prevent impairing the intended purpose of this Zoning Code. The right of the Board to consider special exceptions shall not apply to any action taken by Council pursuant to Title 5, Chapter 1117.
(c) Appeals. The Board shall have the powers to hear and decide any appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Code. The right of the Board to consider appeals shall not apply to any action taken by Council pursuant to Title 5, Chapter 1117.
(d) Variances. The Board shall have powers to authorize, upon appeal in specific cases, such variances from the terms of this Zoning Code as will not be contrary to public interest, where owing to special conditions, a literal enforcement of this Code will result in unnecessary hardships. The right of the Board to consider variances shall not apply to any action taken by Council pursuant to Title 5, Chapter 1117.
(Ord. 82. Passed 11-14-60; Ord. 1221-98. Passed 3-12-98.)
(a) Notice. Appeals to the Board of Zoning Appeals for special exceptions or variances may be taken by any person aggrieved or by any officer of the City affected by any decision of the administrative officer. Such appeal shall be taken within seven (7) business days after the decision by filing with the Zoning Inspector and with the Board, a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(Ord. 1537-04. Passed 7-22-04.)
(b) Hearings. The Board shall fix a reasonable time for the hearing of the appeal. Notice of the hearing shall be given at least ten days prior to the hearing to all parties in interest as herein below provided. The Board shall decide the issue appealed within a reasonable time after the hearing. Notice of the time, place and nature of the appeal shall be posted by the City at least ten days prior to the hearing on a placard in the front yard of the affected property stating the nature of the appeal and the time and place of the hearing of the appeal. Notice of the appeal including the information set forth on the placard notice shall also be given by the City (1) to all contiguous property owners by certified mail return receipt requested, and (2) by publication in a newspaper of general circulation, which notices shall be posted and published by the City no later than ten days prior to the hearing. At the hearing, any party may appear in person or by attorney. (Ord. 1284-99. Passed 2-25-99; Ord. 1686-07. Passed 10-25-07.)
(c) Fees. At the time of submission of the application, the applicant shall pay a filing fee to the City in the amount set forth in Section 147.01(a)(1).
(d) Appeals to Court. The decisions of the Board shall be final. Any party adversely affected by a final decision of the Board of Zoning Appeals may appeal to the Court of Common Pleas of Montgomery County as provided by law. The following language shall appear at the end of all formal orders and/or decisions of the Board.
Notice of Final Appealable Order or Decision
The foregoing order and/or decision of the Board of Zoning Appeals of the City of Moraine, Ohio is a final appealable order and/or decision and may be appealed to the Court of Common Pleas of Montgomery County, Ohio as provided for by Chapters 2505 and 2506 of the Ohio Revised Code. You are advised that after entry of a final order or decision, the period of time within which an appeal shall be perfected is thirty days.
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Clerk
(Ord. 961-92. Passed 2-13-92; Ord. 1686-07. Passed 10-25-07.)