(a) Board of Zoning Appeals Established. Pursuant to Section 713.11 of the Ohio Revised Code (ORC) and Section
7.02
of the City Charter, there is hereby established a Board of Zoning Appeals for the City of New Lexington.
(b) Membership and Terms. The Board of Zoning Appeals shall consist of such members as provided under Section 7.02
of the Charter.
(c) Removal of Members. Members of the Board shall be removable for non- performance of duty, misconduct in office, or other cause by the City Council, after a hearing has been held before the City Council regarding such charges. The Mayor or any Council member must submit the charges in writing. Charges made against any Board Commission member shall be reviewed by the Law Director prior to any formal public hearing. The member shall be given the opportunity to answer and be heard on the charges.
(d) Quorum. Three (3) members of the Board shall constitute a quorum. Any action by the Board must be by a concurring vote of the majority of the total Board membership.
(e) Procedures.
(1) The meetings of the Board shall be public; however, the Board may go into executive session, as permitted by Ohio R.C. 121.22, as amended, for discussion but not for vote on any case before it. The Board shall organize annually and elect a Chairman. The Board shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Ordinance.
(2) The Board shall keep minutes of its proceedings. The minutes shall show the roll call, vote of each member upon each question; and shall record the Commission’s examinations and other official action, all of which shall be immediately filed in the City offices and shall be a public record.
(3) The Board shall have the power to subpoena witnesses, administer oaths and may require the production of documents, under such regulations as it may establish.
(f) Powers and Duties. In addition to the powers and duties authorized in Chapter 713 of the Ohio Revised Code, the Board of Zoning Appeals shall have the following powers and duties pursuant to this Ordinance:
(1) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Inspector, in accordance with Chapter 1113
.
(2) Authorize such variances from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions of the land, a literal enforcement of this Ordinance will result in unnecessary hardship in accordance with the provisions of Chapter 1113
.
(4) Interpret the boundaries of the Official Zoning Map, in accordance with the provisions of this Ordinance.
(Ord. 07-8. Passed 3-19-07.)