§ 153.020 PLANNING AND ZONING BOARD.
   (A)   Planning and Zoning Board established. Pursuant to R.C. Chapters 711 and 713, there is hereby established a Planning and Zoning Board in and for the city. Such Board shall have seven members, consisting of the Mayor, City Service Director and five residents of the city, all to be appointed by the Mayor with the approval of City Council. Such members shall be appointed for terms of six years, except for the term of one of the members of the first Board, which shall be four years, and one for two years. All vacancies shall be filled by the Mayor with the approval of Council.
   (B)   Removal of members. Members of the Board shall be removable for nonperformance of duty, misconduct in office or other cause by the City Council. Prior to such removal, a hearing shall have been held before City Council regarding such charges. The member shall be given the opportunity to be heard and answer such charges.
   (C)   Quorum. Three members of the Board shall constitute a quorum. Any action by the Board must be by a concurring vote of the majority of the total Board membership.
   (D)   Procedures.
      (1)   The meetings of the Board shall be public. However, the Board may go into executive session, as permitted by R.C. § 121.22, as amended, for discussion but not for vote on any case before it. The Board shall organize annually and elect a Chairperson and Vice-Chairperson. The Board shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this planning and zoning code.
      (2)   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 a public record.
      (3)   The Board may call upon the various departments of the city, or outside consultants hired for the specific purpose, for assistance in the performance of its duties. It shall be the duty of such departments to render assistance to the Board as may reasonably be required.
   (E)   Powers and duties.
      (1)   For the purposes of this chapter, the Board is hereby designated as the platting authority of the city and shall have the powers and authority granted under R.C. Chapters 711, 713 and 735, including the following specific responsibilities:
         (a)   Take actions to approve, approve with modification or disapprove subdivisions, as authorized by this chapter;
         (b)   Review all proposed amendments to this chapter, in accordance with §§ 153.080 through 153.086, and make recommendations to the City Council;
         (c)   Authorize such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to the special conditions of the land, a literal enforcement of this chapter will result in unnecessary hardship, in accordance with the provisions of §§ 153.100 through 153.106;
         (d)   Hear and decide appeals where it is alleged there is an error in any order, requirements, decision or determination made by the Zoning Inspector;
         (e)   Declare a zoning permit null and void, pursuant to § 153.043;
         (f)   Grant zoning permits for conditional uses as specified in the district regulations and establish such additional safeguards as will uphold the intent of this chapter;
         (g)   Authorize the substitution or extension of nonconforming uses, as specified in §§ 153.155 through 153.162;
         (h)   Prepare and present a zoning plan for newly annexed territory, pursuant to §§ 153.175 and 153.176; and
         (i)   Such other powers and duties as specified in this chapter.
      (2)   In exercising its duties, the Board may, as long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from, and may make such order, decision or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. The concurring vote of four members of the Board shall be necessary to reverse any order, decision or determination of the Zoning Inspector, or to decide in favor of the applicant on variation in the application of this chapter, pursuant to §§ 153.100 through 153.106.
(Ord. 2020-02, passed 2-20-2020)