(a) Appointment. The Board shall be composed of three members, all of whom are residents of the Village. Members shall be appointed by the Mayor for a period of five years from the date of appointment or until their successors are appointed and qualified. The terms shall be so arranged so that the term of one member shall expire each year. Should any vacancy on the Board occur for any reason, the Mayor shall appoint a successor to serve the unexpired term. The Mayor shall have the right to remove any members of the Board with due cause.
(Ord. 11-07. Passed 7-18-07; Ord. 10-2022. Passed 8-17-22.)
(b) Organization and Rules.
(1) The Mayor shall establish the date, time and place for the first meeting each year. The Board shall organize annually and elect a chairman, vice chairman and secretary from its membership. The secretary need not be a member of the Board. The Board shall adopt, as may be necessary, rules and procedures, which shall be in accordance and consistent with the Ohio Revised Code, to carry into effect the provisions of the Zoning Ordinance and to exercise the powers and jurisdiction conferred upon it by the Zoning Ordinance.
(2) The chairman shall preside at all meetings of the Board. The chairman shall decide on all points of order and procedure unless otherwise directed by a majority of the Board. The chairman may appoint committees deemed necessary to carry out the business of the Board. The chairman may administer oaths and compel the attendance of witnesses. The chairman's signature shall be the official signature of the Board and shall appear on all decisions as directed by the Board.
(3) The vice chairman shall serve in the absence of the chairman. The vice chairman shall have all the powers of the chairman during his absence, disability or disqualification.
(4) The secretary shall keep minutes of all meetings and shall be responsible for all official correspondence of the Board.
(5) If a regular member of the Board is unable to serve because of absence in the Village, illness, or is disqualified to serve by reason of having an interest in property affected by a matter before the Board, or otherwise disqualified by reason of conflict of interest, an alternate member shall serve instead. Selection of an alternate member or members to serve in each particular instance where a regular member is unable to serve shall be determined by lot. If sufficient alternate members are unable to serve for any of the reasons that a regular member would be unable to serve, the Mayor may select and Council may confirm sufficient additional alternate members to serve in a particular instance.
(c) Meetings. The Chairman shall call a meeting of the Board at least once a year or as otherwise required by provisions of the Ohio Revised Code and at such times as its members may determine. There shall be a fixed place of meeting. All meetings shall be open to the public and the meeting time and place shall be posted in accordance with the provisions of the Ohio Revised Code.
(d) Voting.
(1) All actions of the Board shall be taken by resolution, the vote of each member being recorded. The majority of the Board shall constitute a quorum to do business and the concurring vote of three members shall be necessary to reverse any order, requirements, decision, or determination of the Zoning Administrator.
(2) No member of the Board shall vote on any matter in which he is personally or financially interested.
(e) Minutes and Records. The secretary of 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 action, all of which shall be certified correct and filed in the Village Hall and shall be a public record.
(f) Witnesses and Oaths. The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, and compel testimony and the production of books, papers and other evidence pertinent to any issue before the Board. The Board shall have the power to solicit expert testimony and advice on matters presented to the Board for consideration and/or appeal.
(g) Department Assistance. The Board may call on Village officials and employees for assistance in the performance of its duties, and it shall be the duty of same to render assistance to the Board as may reasonably be required. In addition, the Planning Commission may make an analysis and present a report on any matter before the Board. Such report shall be considered by the Board at the time of hearing on the matter.
(h) The Board shall establish procedures for appeal to Council of any action by the Board. (Ord. 11-07. Passed 7-18-07.)