(a) Intent. The Board of Zoning and Building Appeals, referred to in the Development Code as the Board of Appeals, established by Article VI of the Charter, to achieve, among others, the following purposes.
(1) To provide an administrative board, independent from all other Municipal boards or commissions, to act in accordance with established procedures to hear and decide appeals as provided in the Charter.
(2) To provide a method for alleviating unnecessary hardship in unique circumstances.
(3) To provide for determinations and decisions which will sustain the constitutionality of the Development Code and be in compliance with the objectives of the plan of the City.
(b) Organization.
(1) The Board of Appeals shall consist of five (5) electors of the City not holding other office, appointment or employment in the government of the City, at least three (3) of whom shall be architects or professional engineers duly licensed or registered in and authorized by the State of Ohio to practice their profession. All members shall be appointed by the Mayor for a term of five (5) years and until their successors are appointed and qualified. A vacancy occurring during the term of any member shall be filled for the unexpired term in the manner authorized for an original appointment.
(2) The Mayor may remove any member for just cause in connection with the performance or nonperformance of his duties as a member. The absence of any member, for any reason whatever, from five (5) consecutive regular meetings of the Board of Appeals shall be cause for removal of such member by and at the discretion of the Mayor.
(3) The Board of Appeals shall elect at its first regular meeting in each calendar year, from among its members, a chair, a vice-chair and a secretary.
(c) Proceedings.
(1) The Board shall adopt rules necessary to conduct its affairs in keeping with the provisions of the Development Code and of the Charter, and in accordance with hearing proceedings provided by law. Copies of such rules shall at all times be available from the Zoning Administrator for distribution to persons requesting the same.
(2) The chair, or in his absence, the vice-chair, may administer oaths and has the power to subpoena and compel the attendance of witnesses. All meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be filed immediately in the office of the Zoning Administrator.
(3) The Department of Public Safety-Service or any administrator department of the City shall furnish to the Board necessary technical advice and services.
(d) Powers and Duties. For the purposes of this Development Code, the Board of Zoning and Building Appeals shall have the following powers and duties:
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Administrator or another administrative official in the administration or enforcement of this Development Code, unless otherwise provided in this Development Code;
(2) To authorize such variances from the terms of this Development Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this Development Code will result in practical difficulty or unnecessary hardship, and so that the spirit of the Development Code shall be observed and substantial justice done;
(3) To permit an existing non-conforming building or a building containing a non-conforming use to be structurally altered, rebuilt, expanded or enlarged in conformance with the provisions of this Code;
(4) To hear and decide appeals from decisions of the Design and Construction Board of Review; and,
(5) To hear and decide on all matters referred to and upon which it is required to by this Development Code.