The Board of Zoning Appeals shall be composed of five (5) qualified members; four (4) of the members are to be appointed by the Mayor with the concurrence of the majority of Council and must be residents of the City. One member shall be a citizen member of the Planning Commission, appointed by the Commission, and shall serve on the Board while serving on the Planning Commission. Each member shall be appointed for four (4) years.
Any vacancy shall be filled in the same manner for the unexpired term.
All members shall serve without compensation unless otherwise provided by ordinance.
The Mayor, with the concurrence of two-thirds of the membership of the Council, shall have the right to remove any member for cause.
The Service Director or the Planning and Zoning Administrator shall furnish the necessary information and service required by the Board.
The Board of Zoning Appeals shall have the following duties and powers:
To establish and recommend to Council within a reasonable length of time a Building Code for the City and a means for the enforcement thereof.
To hear and decide appeals made for exception to, and variation in, the application of ordinances governing zoning and building in the City of St. Clairsville, Ohio, in conformity with the purpose and intent thereof, and to hear and decide all appeals made for exceptions to, and variations in, the application of ordinances or orders or regulations of administrative officials or agencies.
To approve or disapprove materials, types of construction, applications, devices or appurtenances proposed for use pursuant to the Building Code of the City.
To hear and decide appeals from, and to review upon motion of any member of the Board, any order, requirement, decision or determination of any other administrative official or agency of the City, relating to the location, design, materials, construction, alteration, repair, equipment, use or occupancy, maintenance, removal or demolition of any building or other such structure regulated by the Building Code of the City, and any rule or regulation or amendment or appeals thereof made by said officials or agencies under the authority conferred upon them by the Building Code of the City, reversing or affirming in whole or in part, or modifying such order, requirement, decision, determination, rule, regulation, amendment or repeals thereof as in its opinion ought to be made in the premises.
To exercise with respect to buildings situated in the City the same powers as are exercised by the Board of Building Standards under the laws of the State of Ohio to the extent that it is competent for this Charter so to authorize the Board.
To formulate and submit to the City Council changes in and amendments to the Building Code which the Board determines as desirable for the proper regulation of buildings and structures and the equipment thereof and appurtenances thereof in the City of St. Clairsville, Ohio.
To establish rules and regulations for its own procedure not inconsistent with this Section.
To review and reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination of the Planning Commission and may make such order, requirement, decision or determination as ought to be made. To review and act upon applications for variances, appeals of administrative decisions and conditional use permits; to allow for the substitution, enlargement and expansion of a nonconforming use; to allow an extension of time in a previously issued zoning permit; to determine to actual boundaries of a zoning district where an applicant alleges a conflict exists with the Official Zoning Map; to determine what are the appropriate residential district requirements that shall be met when an applicant proposes to modify a residential structure in a district that prohibits residences.
Additionally, the Board of Zoning Appeals shall be required to perform such other duties and functions as may be imposed upon it by this Charter, the Planning and Zoning Code, the Codified Ordinances of the City of St. Clairsville and/or the ordinances/resolutions of the Council for the City of St. Clairsville.
(Amended 11-7-06)