(a) There is hereby created a Zoning Board of Appeals of the Village of five members. The five members of the Village Planning Commission will be the five members of the Zoning Board of Appeals. The members of the Zoning Board of Appeals shall serve without compensation, and the Clerk shall be elected from the Members of the Zoning Board of Appeals. The Zoning Board of Appeals shall have the following powers:
(1) To hear and decide appeals wherein it is alleged there is an error in any order, requirement, decision, or determination made in the enforcement of the Zoning Ordinance or of any amendments thereto.
(2) To authorize upon appeal, in specific cases, such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the Zoning Ordinance or any amendments thereto will result in unnecessary hardship, and so that the spirit of this Zoning Ordinance will be observed and substantial justice done.
(b) In exercising the above mentioned powers, the Board, in conforming with the provisions of the law in this Zoning Ordinance and amendments thereto, by a favorable vote of three or more members may reverse, or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and may make such order, decision, requirement or determination as ought to be made and to that end shall have all powers of the officer of officials from whom the appeal is taken. The Board of Zoning Appeals shall organize and adopt rules in accordance with the provisions of this Zoning Ordinance. Meetings of the Board of Zoning Appeals shall be held at the call of the Chairman, and at such other times as the Board of Zoning Appeals shall determine, the Chairman, or in his absence, the Acting Chairman, may administer oaths under the Board of Zoning Appeals and may compel the Attendants of Witnesses. All meetings of the Board of Zoning Appeals shall be open to the public. The Board shall keep minutes of its meetings and 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 will be filled in the office of Council, and shall be a public record. Appeals to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer of the Village affected by any decision of the Administrative Officer or other officials of the Village. Such appeals shall be taken within twenty days after the decision by filing with the officer or officials from whom the appeal is taken and with the Board of Zoning Appeals a Notice of Appeal, specifying the grounds thereof. The officer or other officials from whom the appeal was taken shall forthwith transmit to the Board of Zoning Appeals all papers constituting the record upon which the action appealed from was taken. The Board of Zoning Appeals shall fix a reasonable time for the hearing of the appeal, shall then give ten days notice to the parties in interest, and shall decide the same within thirty days after it is submitted. Upon the hearing, any party may appear in person or by attorney. Any person adversely affected by a decision of the Board of Zoning Appeals may appeal to the Court of Common Pleas, Williams County, Ohio, on the grounds that such decision was unreasonable or unlawful.
(Ord. 1963-6. Passed 6-3-63.)