1264.01 Composition; terms.
1264.02 Meetings; records; conflicts of interest.
1264.03 Powers and duties.
1264.04 Zoning or design variance.
1264.05 Conditional use permits.
CROSS REFERENCES
Administrative board; powers and duties - see Ohio R.C. 713.11
General provisions and definitions - see P. & Z. Ch. 1260
Administration, enforcement and penalty - see P. & Z. Ch. 1262
Nonconforming uses and structures - see P. & Z. 1272.08
Appeals from zoning decisions - see Ohio R.C. 713.11; P. & Z. 1284.05
(a) The Board of Zoning Appeals shall be composed of five members: one member from the Planning Commission; one member from the Architectural Review Board; one member of Council; the President of Council; and one Village resident to be appointed by the Mayor for a four-year term. The President of Council, Council member, Planning Commission member and Architectural Review Board member shall all have terms on the Board co- terminus with their membership or election to each respective body. The Village resident Board member shall be appointed by the Mayor, with the approval of the majority of Council, to serve a four-year term. However, the Village resident member's term may be superseded by a subsequent appointee by the Mayor with the approval of the majority of Council, regardless of whether such superseding appointment is the result of a vacancy caused by the initial appointee or the result of action by the Mayor and Council. Such subsequent appointment shall be only for the balance of the present term. Nothing in this section precludes a Village resident Board member from serving multiple terms.
(b) In the event the designated member for the Board of Zoning Appeals from the Planning Commission, the Architectural Review Board or Council is unavailable for a scheduled meeting, and his or her absence would result in less than the required quorum of four members of the Board being present, thereby preventing the Board from conducting its business, the unavailable member shall designate an alternate member from the Planning Commission, the Architectural Review Board or Council to serve as a member of the Board of Zoning Appeals for that meeting in his or her place in order to constitute a quorum.
(Ord. 1106-99. Passed 7-20-99.)
(a) The Board of Zoning Appeals shall adopt rules necessary to conduct its affairs in keeping with the provisions of this Zoning Code. At the first meeting during the calendar year, the Board shall elect one of its members Chairperson. Meetings shall be held at the call of the Chairperson or at such time as the Board may determine. All meetings shall be open to the public. The Board shall keep a complete record of all its examinations and official actions and of the votes of each member. All minutes of the Board meetings shall be a part of the public record on file at the Village Hall. A quorum of four Board members shall be necessary to permit the Board to conduct its affairs at any meeting. A majority vote (three or more votes) of the Board members present at a meeting shall be necessary to reverse, modify or vacate any order requirement, decision and/or determination of the Zoning Administrator. All members present, including the Chairperson, shall participate in all votes, except those where any such members are precluded from participating by a conflict of interest.
(b) Where a member of the Board of Zoning Appeals is presented with a potential conflict of interest and fails to acknowledge the conflict and take appropriate steps to avoid the conflict and/or the appearance of impropriety potentially associated with it, any member of the Board observing the potential conflict shall seek an opinion from the Village Solicitor as to the existence of a potential conflict of interest and the appropriate action to be taken to avoid the conflict. Notwithstanding any other provision of these Codified Ordinances, the proceedings presenting a potential conflict of interest shall be stayed until the Village Solicitor renders an opinion on the potential conflict of interest.
In the event the Village Solicitor determines that a potential conflict of interest exists, his or her opinion will be binding upon each and every Board member affected.
(c) The provisions of this section concerning conflicts of interest are not intended to be exclusive and are intended to be supplementary to any and all other applicable statutes, codes, regulations and rulings upon the subject of conflicts of interest.
(Ord. 1072-98. Passed 5-5-98.)
(a) The Board of Zoning Appeals shall call a public hearing for any of the following reasons:
(1) Upon receipt of a written appeal where it is alleged that there is an error in any order, requirement, decision, interpretation or determination made by the Zoning Administrator in the administration or enforcement of the provisions of this Zoning Code;
(2) Upon receipt of a written appeal after the disapproval of an application for a permit by the Architectural Review Board for noncompliance with the design review criteria;
(3) Upon application for a conditional use permit in a district requiring such a permit according to the procedures set forth in Section 1264.05;
(4) Upon application for a zoning or design variance according to the procedures set forth in Section 1264.04.
(b) The applicant shall pay a fee specified by Council upon filing for a hearing before the Board. The hearing shall be called within thirty days of the request. Notice of the hearing shall appear in a locally distributed newspaper at least two weeks prior to the hearing. All adjoining property owners and others affected by the decision of the Board shall be notified of the hearing in writing five days prior to the date of the hearing. The Board shall hear and determine whether a variance may be granted or a conditional use permit may be issued. A decision of the Board shall be made within thirty days following the hearing. The Board shall keep or cause to be kept, on file at the Village Hall, a full public record of all of its proceedings. This record may not leave the Village Hall premises and may be duplicated by a Village secretary upon request with the cost of the duplication being borne by the requesting party.
(c) The Village Council will have the authority to approve or disapprove, after a public hearing, the decision of the Board of Zoning Appeals with regard to a variance application filed on behalf of Walgreen's, within 60 days of the Board decision.
(Ord. 710-78. Passed 9-19-78; Ord. 1047-97. Passed 8-12-97; Ord. 1202-03. Passed 5-6-03.)
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