The Board of Zoning Appeals is authorized to act as provided in Ohio R.C. 713.11 and shall have all the powers and duties prescribed by law and by the Planning and Zoning Code.
(a) Composition and Term. The Board of Zoning Appeals shall be composed of five members, none of whom shall hold any other public office or position in the City. All such members shall be appointed by the Mayor, with the concurrence of a majority of the members of Council, for a term of four years. The Mayor may remove any member for cause after a public hearing, and any vacancy shall be filled in the same manner as an original appointment for the unexpired term.
(b) Organization and Quorum. A quorum shall consist of three members, and the concurring vote of at least three members shall be necessary to reverse any order, requirements, decision or determination of any duly authorized administrative officer.
A member of the Board shall not be qualified to vote if he/she has a direct or indirect interest in the issue appealed.
(c) Powers and Duties of the Board. For the purpose of this Planning and Zoning Code, the Board of Zoning Appeals shall have the following powers and duties:
(1) To hear and decide appeals. The Board of Zoning Appeals shall hear and determine all appeals from any decision or action made by the Building and Zoning Inspector, or by any administrative officer on matters relating to this Planning and Zoning Code, for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits, and then to decide appeals by either reversing, affirming wholly or in part or modifying such order, requirement, decision or determination.
(2) To authorize variances from the terms of this Planning and Zoning Code. When practical difficulties or results inconsistent with the general purpose of the Planning and Zoning Code result through the strict and literal interpretation and enforcement of the provisions hereof, the Board of Zoning Appeals shall have authority subject to the provisions of Section 1109.09 to grant, upon such conditions as it may determine, such variances from the provisions of the Planning and Zoning Code as may be in harmony with its general purpose and intent, so that the spirit of the Planning and Zoning Code shall be observed, public safety and welfare secured and substantial justice done.
(3) To authorize a variance for nonconforming uses according to the criteria set forth in Section 1167.11.
(4) To accept the services of technical experts and such other persons as may be required to perform its duties.
(5) To hear and decide all matters specifically referred to it for decision such as district boundary lines and other sections of this Planning and Zoning Code.
(6) To adopt rules and regulations, provided they are not in conflict with this Planning and Zoning Code, for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of its powers.
(d) Meetings and Hearings. The Board shall schedule regular monthly or semi- monthly meetings, which may be canceled if no appeals are filed. Special hearings can be arranged at the call of the Chairman. All hearings conducted by the Board shall be open to the public.
The Board shall have the power to subpoena and require the attendance of witnesses, to administer oaths, to compel testimony, to produce reports, findings and other evidence pertinent to any issue referred to it for decision.
(e) Record of Decisions. The Board is authorized to engage the services of a secretary, and shall provide a detailed report of all its proceedings, setting forth its decision, the vote of each member participating therein and the absence of a member or his failure to vote.
Immediately following the Board's decision, such record, including conditions prescribed by the Board, shall be filed and posted for two weeks in the offices of the Building and Zoning Inspector, and copies shall be mailed forthwith to each interested party noted therein.
Any permit issued in pursuance of any decision of the Board shall have incorporated therein any special conditions prescribed by the Board.
(Ord. 2020-21. Passed 2-18-20.)