SECTION VI-8. ZONING BOARD OF APPEALS.

   Organization.

   (a)    There shall be a Zoning Board of Appeals which shall consist of five (5) electors of the Municipality of Richmond Heights, who shall be appointed by the Mayor and approved by the majority of Council; none shall hold other employment by the Municipality but may hold other non-elective public office or position on a board, commission, or committee of the Municipality, unless prohibited by the provisions of this Charter. (Amended 11-8-22)

   (b)    The Board shall elect its Chairperson from among its appointed members.

   (c)   Term. The members' term shall be for five (5) years, except that of five (5) members first appointed, one (1) shall be for five (5) years, two (2) for four (4) years, and two (2) for two (2) years.

(Amended 11-6-18)

   (d)   Vacancy. Any vacancy occurring during the unexpired term of any appointive member shall be filled by the Mayor, as originally provided, for the unexpired term.

(Effective 1-1-60.)

   Board Duties and Requirements.

   (a)    The Zoning Board of Appeals shall hold at least one regular meeting in each calendar month, unless there are no applications pending before the Board. Special meetings shall be held at the call of the Chairperson when deemed necessary, subject to such provisions as provided by the rules of the Board. All meetings of the Board, regular and special, shall be held in the Richmond Heights City Hall.

   (b)    Except for the reasons for executive sessions as provided by the laws of the State of Ohio, all meetings of the Board of Zoning Appeals shall be public. Public notice shall be given of hearings on any appeals by the posting of a notice in the main entrance of the Municipal Building for a period of at least ten (10) days together with such additional notice, if any, that the Board of Zoning Appeals shall deem necessary. The Board of Zoning Appeals shall keep minutes of its proceedings.

(Amended 11-3-09)

   Determination.

   The Board of Zoning Appeals shall determine all matters properly presented to it in writing. Where difficulties and unnecessary hardships shall result from the strict compliance or the enforcement of the provisions of the Zoning Ordinance, the Board of Zoning Appeals, subject to the approval of Council, shall have the power to recommend variances in harmony with the general intent of the Ordinance and to secure the general welfare and substantial justice in the promotion of the public health, comfort, convenience, morals, safety and general welfare of the Municipality of Richmond Heights.

   The Council may from time to time amend, repeal or adopt any or all of the provisions of the Zoning Ordinance, but no amendment, repeal or adoption shall be passed until the Council shall have held a public hearing thereon and shall have given at least ten (10) days’ notice of the time and place thereof in a newspaper of general circulation in the Municipality; during said ten (10) day period the text or a copy of the text of such amendment, repeal or adoption, together with the maps or plans or copies thereof forming part of/or referred to in said ordinance, measure or regulation, shall be on file with the Clerk for public examination and a copy of the text of such amendment, repeal or adoption shall be placed or posted in a conspicuous place in the Municipal Building.

   The Council shall have the power to confirm by a majority vote any recommendation of the Board of Zoning Appeals to grant a variance and, with a vote of five (5) members of Council, modify or reverse a recommendation of the Board of Zoning Appeals to grant a variance. The Council, with a vote of five (5) members, shall have the power to modify or reverse a recommendation of the Board of Zoning Appeals to deny the grant of a variance and, with a majority vote, the power to confirm a recommendation of the Board of Zoning Appeals to deny the grant of a variance.
(Amended 11-8-88)

   Funds.

   A sufficient sum shall be appropriated by the Council each year to carry out the Board of Zoning Appeals provision of this Charter. Secretarial services shall be paid from this appropriation.
(Effective 1-1-60)