(A) There is hereby created a Board of Zoning Appeals of five (5) members appointed by the Mayor, subject to Council approval, for staggered five-year terms; provided, however, that those serving on the Village Board of Zoning Appeals upon the effective date of this Charter shall remain and continue in office until the end of their current terms, whereupon, successor appointments shall be made in the manner specified in this Section.. The members shall be residents of the municipality. The Zoning Board of Appeals members shall serve at the pleasure of the Mayor and the Council and may be suspended or removed from office by the Mayor with the consent of the Council granted by a majority vote of its members, or by the Council by a two- thirds vote without the consent of the Mayor.
(B) The Board shall elect a chairperson from its membership. A secretary shall be elected or appointed who need not be a member of the Commission.
(C) Three members of the Board shall constitute a quorum at all meetings. A concurring vote of three members shall be necessary to effect an order, take action, make decisions, or act on any authorization.
(D) The Board shall meet at the call of its chairperson and at such other times as it may determine.
(E) The chairperson or acting chairperson may administer oaths and the Board may compel the attendance of witnesses at the request of any interested party. The Board shall keep minutes of its proceedings showing the vote of each member on each question and all other official actions and shall record the proceedings.
(F) Powers and Duties. The Board of Zoning Appeals shall have all powers authorized by Section 713.11 of the Revised Code, all powers designated by ordinance, and, in addition, the following powers:
1. The Board shall have the power to hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by the Zoning Inspector in the enforcement of the Zoning Ordinance.
2. The Board shall have the power to authorize, upon appeal, in specific cases, such variances from the terms of the Zoning Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the Zoning Ordinance will result in unnecessary hardship, and so that the spirit of the Zoning Ordinance shall be observed and substantial justice done. In granting a variance, the Board may impose such conditions as it may deem necessary to protect the public health, safety and morals and in furtherance of the purposes and intent of the Zoning Ordinance.
3. The Board shall have no authority to permit a use where such use is expressly not permitted by the Zoning Ordinance.