The Zoning Board of Appeals is described as a quasi-judicial body that shall hear requests for conditional uses, variances, and appeals and decide whether or not to grant the request. A description of the organization and responsibilities of the Board of Zoning Appeals is provided in the City of Tiffin Charter and in this Ordinance.
(a) Appointment and Organization.
In accordance with Section 7.03 of the Charter of the City of Tiffin, the Zoning Board of Appeals (Board) shall consist of qualified voting members.
(b) Proceedings of the Zoning Board of Appeals.
(1) The Board shall elect a Chairperson and Vice-Chairperson, adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Ordinance, and appoint a Secretary who may or may not be a member of the Board.
(2) The Secretary shall record Board action and 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 immediately filed in the office of the Board and shall be public record.
(3) Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. Such Chairman, or in his absence the Vice- Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public.
(4) The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector; or to decide in favor of the applicant on any matter over which the Board has original jurisdiction under this Ordinance, or to grant any variance from the requirements stipulated in this Ordinance.
(c) DUTIES OF THE ZONING BOARD OF APPEALS.
For the purpose of this Ordinance, the Board shall have the following powers and duties:
(1) Hear and decide appeals where it is alleged there is error in any order, requirement, decision, interpretation or determination made by the Zoning Inspector in the enforcement of this Zoning Code.
(2) Interpret the provisions of this Zoning Code and Official Zoning Map in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts and made a part of this Zoning Code, where the actual street layout on the ground varies from the street layout as shown on the map.
(3) Authorize such variances from the terms of this Ordinance as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done.
(4) In the case of a use that is not specifically mentioned in this Ordinance, the Zoning Board of Appeals may classify the use of a similar nature to a use that is already listed in this Ordinance. The use that is approved as a similar use shall be recommended by the Planning Commission and Council for addition to the permitted uses in the zoning districts previously described in this Ordinance.
(5) The Zoning Board of Appeals is hereby granted authority to grant permits after a public hearing, in accordance with the procedure for variations in use, for the installation, replacement, additions, or alterations for trailer occupancy. Three or more trailers shall constitute a trailer court which shall require at least two thousand square feet (2,000 s.f.) of land area for each trailer, and no trailer shall be closer than twenty feet (20') to any property line. All State and City sanitary regulations shall be complied with in each instance.
(6) The Zoning Board of Appeals may also permit upon appeal, the following exceptions:
A. The reconstruction of a nonconforming building which has been more than seventy-five percent (75%) destroyed or partially destroyed by fire or act of God, provided such reconstruction work is begun and completed within two (2) years of the occurrence of the damage or destruction.
B. The erection and use of a structure or the use of premises in any location for public utility or railroad purposes which the Board deems reasonable and necessary for the public convenience or welfare.
C. Variation of the parking and loading requirements of this Zoning Code, whenever it is clearly demonstrated that the provision of the full parking or loading facilities where such a requirement would impose an unreasonable hardship upon the use of the lot as contrasted with merely granting an advantage or a convenience.
D. A temporary building used in conjunction with construction work but only for a period not exceeding one (1) year unless the permit is renewed, during which the construction is in progress. Any such temporary building shall be removed on completion of the construction work.
(7) In exercising the above-mentioned duties, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination which should be made, and to that end shall have all the powers of the Zoning Inspector. (Ord. 2305. Passed 12-21-65)
(8) Perform such other functions and have such other powers as Council may provide.