1145.04 RESPONSIBILITIES AND AUTHORITY OF THE BOARD.
      The Board shall have the following responsibilities and authority pursuant to this Ordinance.
      (a)    Creation. The Board is created pursuant to the Ohio Revised Code.
    (b)    Membership and Operation. Members of the Board shall be appointed by the Mayor with the approval of the Council. Members shall serve for staggered terms of five years each. Each member shall have been a citizen of the Village for not less than one year prior to appointment to the Board and shall serve until his or her successor is appointed and sworn in as a member. The Board by resolution shall determine the time and place of meetings. The Board shall adopt rules for the transaction of business, and shall keep a public record of its resolutions, transactions, findings and determinations. A member may serve simultaneously on the Commission and the Board, and it is suggested (although not required) that at least one such members so appointed to both the Commission and the Board at any one time, so as to encourage communication between both bodies.
      (c)    Meetings. Meetings of the Board shall be held in accordance with an adopted schedule, or at the call of the Chair, or at such other times as the Board may specify in its rules and procedures. The Board shall state the grounds of each determination, and shall maintain a record of its proceedings, which shall be filed in the office of the Fiscal Officer.
      (d)    Concurring Vote Required. The concurring vote of three members of the Board shall be necessary to reverse an order, requirement, decision or determination of a zoning official or body; to decide in favor of an applicant on any matter upon which the Board is required to act; or, to affect any variation to this Ordinance. The Board's failure to achieve a concurring vote of three members of the Board shall not be construed to be a decision in favor of or against an applicant on any matter upon which the Board is required to act. An abstention shall not be counted in any manner.
      (e)    Jurisdiction. The Board shall discharge the following duties pursuant to this Ordinance:
      (1)    Interpretation of the Zoning Map. The Board shall act on all questions as they may arise in the administration of this Ordinance, including the interpretation of the zoning district map, and the interpretation of the exact location of a boundary line between zoning districts shown on the zoning district map.
      (2)    Appeals. The Board shall also hear and decide appeals from and review any written order, requirement, decision, interpretation or determination made by the Commission or any administrative or enforcement official or body charged with enforcement of this Ordinance. An appeal must be filed within fourteen days of the applicable decision, and such appeal shall be made on forms made available by the Zoning Officer.
      (3)    Appeal of decisions of Commission on site plans and conditional uses. The Board shall also hear and decide appeals from and review any order, requirements, decision or determination made by the Commission with regard to an application for site plan or conditional use approval.
      (4)    Area variances. The Board shall have the authority to grant area variances, based upon a showing of "practical difficulties" and a weighing of the factors set forth in Section 1149.08 (k)(1).
      (5)    Use variances. The Board shall have the authority to grant use variances, based upon a showing of "unnecessary hardships" and meeting all of the standards set forth in Section 1149.08 (k)(2).
      (6)    Other variances. The Board shall have the authority to grant variances made necessary by the advances of technology being put to use in new developments, but not anticipated by the provisions of this Ordinance.
      (7)    Referred matters. The Board shall also hear and decide matters referred to them or upon which they are required to pass under this Ordinance.
In carrying out its duties, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, interpretation or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer or body from whom the appeal is taken and may issue or direct the issuance of a permit. The Board shall in all instances comply with provisions outlined in this Ordinance.
The Board shall not have the power to alter or change the zoning district classification of any property, and shall also not have the power to consider an appeal of any decision concerning a planned development.
   (f)   Decision Final. The decision of the Board shall be final, but shall be subject to appeal pursuant to the Ohio Revised Code.
      (Ord. 21-2020. Passed 12-14-20.)