(A) Intent. A Board of Appeals is hereby established to assist in the administration of this chapter, particularly, to decide and interpret provisions which require impartial adjustments of conflicting interests and to grant variances from the strict letter of the chapter in instances of unnecessary hardship. Such a Board is herein established to achieve, among others, the following purposes:
(1) To provide a method for alleviating unnecessary hardship by allowing a reasonable use for individual parcels of property which, because of unusual or unique circumstances, may be denied a reasonable use by a literal application of the terms of this chapter;
(2) To review or appeal any order, requirement, decision or determination made by the Building Department;
(3) To provide an administrative board, independent from all other municipal boards or commissions, to act only pursuant to and in accordance with the standards established by the legislative body to hear and decide appeals which are to be tried over again from the beginning, (de novo); and
(4) That decisions and the granting of variances will sustain the constitutionality of the chapter and to be in compliance with the objectives of good planning.
(B) Membership. The Board of Zoning Appeals shall consist of five members appointed by the Mayor with the approval of a majority of members elected to Council serving for a term of five years.
(C) Officers, duties and general powers.
(1) The Board shall elect from among its members, a Chairperson and a Vice-Chairperson. The Board shall adopt rules and regulations not inconsistent with this chapter, as may be necessary to carry into effect the duties, powers and responsibilities conferred herein.
(2) The powers, duties and responsibilities of the Board shall be:
(a) To hear appeals and decide any issues involving the application of impartial considerations and judgments in regard to decisions made by the Building Department or any other administrative officer on matters relating to this chapter, for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits;
(b) To hear and decide upon applications for variations from the terms provided in this chapter subject to the standards set forth in division (H) below; and
(c) To hear and decide all matters specifically referred to it for decisions in other sections of this chapter.
(D) Procedures on appeals.
(1) An appeal from any decisions of the Building Department or other officers with regard to an application for a building permit, issuance of a stop order, specific referral or some similar action, may be made to the Board by any person believing himself or herself aggrieved or by any officer of the village affected by any such decision.
(2) To be considered, the appellant shall, within 15 days after the date of such decision, file in the office of the Building Department, a notice of appeal specifying the decision or section of this chapter from which the appeal is sought, the error alleged and all necessary data in accordance with the form provided by the village.
(E) Meetings and hearings.
(1) The Board of Zoning Appeals shall schedule regular monthly, or semi-monthly meetings, which can be cancelled if no appeals are filed. Special hearings can be arranged at the call of the Chairperson.
(2) The Board shall act within 30 days after receipt of all required information, and failure to act within such period shall be considered approval of the appeal unless an extension of time is mutually agreed upon. Before making any decisions on an appeal, the Board shall hold a public hearing or hearings, at such time as shall be determined by the Board itself. Notices of the time and place of hearings shall be mailed to the appellant and to the affected property owners as they appear in the current records of the County Auditor or be published for two successive weeks prior thereto, in a newspaper of general circulation in the village.
(3) The Board shall hear and decide appeals de novo and shall review or appeal any order, requirement, decision or determination made by the Building Department in the enforcement or application of the chapter. Within its powers, the Board may reverse or affirm, wholly or in part, or modify any such order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as, in its opinion, ought to be made under the circumstances and to that end, shall have all powers of the officer from whose decision the appeal is taken.
(4) All hearings conducted by the Board shall be open to the public. Any person may appear and testify at a hearing, either in person or by duly authorized agent or attorney. The Board shall have the power to subpoena and require the attendance of witnesses, to administer oaths, to compel testimony, to produce reports, findings and other evidence pertinent to any issue referred to it for decision.
(F) Quorum and vote.
(1) The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of any duly authorized administrative officer.
(2) A member of the Board shall not be qualified to vote if he or she has not attended the public hearing, or if he or she has a direct or indirect interest in the issue appealed.
(G) Record of decisions. The Board is authorized to engage the services of a secretary, and shall provide a detailed report of all its proceedings, setting forth its reasons for decisions, the vote of each member participating therein and the absence of a member of his or her failure to vote. Immediately following the Board’s decision, such record including conditions prescribed by the Board shall be filed and posted for two weeks in the offices of the Building Department. The report shall be open to public inspection and copies shall be mailed forthwith to each interested party noted therein.
(H) Reasons for granting variances. The Board of Zoning Appeals shall have the power, in specific cases, to vary the application of certain provisions of this chapter in order that the public health, safety, morals and general welfare may be safeguarded and substantial justice done for the following reasons:
(1) Where the literal application of the provisions of this chapter would result in unnecessary hardships peculiar to the property involved and not based on conditions created by the owner: (a theoretical loss or limiting possibilities of economic advantage are general hardships, not unnecessary hardships);
(2) Where other exceptional circumstances or conditions such as topographical or geological conditions, or type of adjoining development, are only applicable to the property involved or to the intended use of the property and do not apply to other property within the same zone unless the same exceptional circumstances prevail;
(3) Where granting of a variance will not be materially detrimental to the public welfare or injurious to the property or improvements to the neighborhood in which the property is located; and
(4) That the granting of a variance will not be contrary to the general purpose, intent and objectives of this chapter. When appealing for a variance or modification, the appellant shall state and substantiate his or her claim that each of the four conditions listed above exists, and the Board shall make a finding on each of the four conditions as they apply in each specific case as a prerequisite for the granting of the variance or modification.
(I) Lapse of variances. A variance once granted shall not be withdrawn or changed unless there is a change of circumstances, or if, after the expiration of one year, no substantial construction is done in accordance with the terms and conditions for which such variance was granted, the Building Department shall give a notice in writing, and 30 days thereafter, the variance shall be deemed null and void, and all regulations governing said premises in question shall revert to those in effect before the variance was granted.
(J) Appeals to Court. A person aggrieved by a decision of said Board may, within 30 days after the filing of such decision, appeal to the Court of Common Pleas of the county. Such appeals may be either on questions of law, or on questions of fact. Any appeal based in whole or in part upon questions of fact shall be conducted de novo, and the appellant shall be entitled to request and have a jury to determine the issues of fact.
(Ord. 656-70, passed 2-16-1970)