The Board of Zoning Appeals is authorized to act as provided in Ohio R.C. 713.11 and shall have all the powers and duties prescribed by law and by the Zoning Ordinance.
(a) Composition and Organization. The composition and appointment of the Board of Zoning Appeals shall be in compliance with and as provided in Section 13.01 of the Municipal Charter.
(b) Organization, Quorum and Meetings. Subject to the provisions of Section 13.02 of the Municipal Charter, the Board of Zoning Appeals shall elect a chairman from its membership and shall prescribe rules for the conduct of its affairs. A majority of the members of the Board of Zoning Appeals shall constitute a quorum and a concurring vote of a majority of its members shall be necessary to effect an order. The Board of Zoning Appeals shall meet at least once a month, if an appeal is pending before them, on the day and time as determined by the Board or at the call of its chairman or two other members, and at such other regular times as it may by resolution determine. At its meetings, the Board of Zoning Appeals Chairman or Acting Chairman may administer oaths and compel the attendance of witnesses in all matters coming before the Board.
(c) Powers and Duties of the Board. For the purpose of this Zoning Ordinance, the Board of Zoning Appeals shall have the following powers and duties:
(1) To hear and decide appeals. The Board of Zoning Appeals shall hear and determine all appeals from any decision or action of the Zoning Inspector in the administration or enforcement of the Zoning Ordinance. The Board of Zoning Appeals shall hear and determine all appeals from the refusal of the Zoning Inspector to issue Zoning Certificates or Conditional Zoning Certificates.
(2) To authorize variances from the terms of this Zoning Ordinance. When practical difficulties, unnecessary hardship, or results inconsistent with the general purpose of the Zoning Ordinance result through the strict and literal interpretation and enforcement of the provisions hereof, the Board of Zoning Appeals shall have authority subject to the provisions of Section 1165.03 to grant, upon such conditions as it may determine, such variances from the provisions of the Zoning Ordinance as may be in harmony with its general purpose and intent, so that the spirit of the Zoning Ordinance shall be observed, public safety and welfare secured and substantial justice done.
(3) To provide a written finding that the reasons set forth in the application for a variance justify the granting of the variance.
(4) To resolve any disputes with respect to the precise location of a zoning district boundary, using, where applicable, the standards and criteria of Section 1109.04. Where a district boundary line divides a lot in a single ownership at the time of the effective date of the Zoning Ordinance, the Board of Zoning Appeals may permit a use authorized on either portion of such lot to extend no more than fifty feet into the other portion of the lot.
(5) To adopt rules and bylaws for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of its powers.
(Ord. 3-95. Passed 1-17-95.)