The Board of Zoning, Building and Housing Appeals shall consist of five members to be appointed by a majority vote of the Council for terms of two years in accordance with Section 7.03 of the City Charter. The Board shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Code.

(Ord. 2712. Passed 8-1-78; Ord. 6333. Passed 8-21-12.)

   (a)   Meetings shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or in his or her absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. 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 fiscal actions, all of which shall be a public record and be immediately filed in the office of the Board.

   (b)   Three members of the Board shall constitute a quorum. The concurring vote of three members of the Board shall be necessary to reverse any order or determination of the Building Inspector, or to decide in favor of an applicant in any matter over which the Board has original jurisdiction under this Zoning Code, or to grant any variance from the requirements of this Zoning Code.

(Ord. 2712. Passed 8-1-78; Ord. 6333. Passed 8-21-12.)

   In exercising its duties, the Board of Zoning Appeals may, as long as such action is in conformity with this Zoning Code, reverse or affirm, wholly or partly, or modify, the order, requirement, decision or determination appealed from, and may make such order, requirement, 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.

   For the purpose of this Zoning Code the Board has the following specific responsibilities:

   (a)   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Zoning Inspector.

   (b)   To authorize such variances from the provisions of this Zoning Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this Zoning Code will result in practical difficulties, and so that the spirit of this Zoning Code shall be observed and substantial justice done.

   (c)   To authorize adjustments to zoning district boundaries as follows: Where the street or lot layout actually on the ground, or as recorded, differs from the street and lot lines as shown on the Official Zoning Map, the Board, after notice to the owners of the property and after public hearing, shall interpret the Map in such a way as to carry out the intent and purpose of this Zoning Code.

   (d)   To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership on the effective date of this Zoning Code.

   (e)   To permit, where the boundary line of a district divides a tract of more than ten acres under a single ownership, adjustment of such a line to conform with the topography of the ground where such a tract is being subdivided and when the preliminary plat of the subdivision has been officially approved under Ohio R.C. Chapter 711, provided that such a variation does not extend for a distance of more than 500 feet and does not come closer than 300 feet to any boundary of the tract.

   (f)   To authorize the temporary use of a building or premises in any district for a purpose or use that does not conform to the regulations prescribed by this Zoning Code for the district in which it is located, provided that such use is of a temporary nature and does not involve the erection of substantial buildings. Such certificate shall be granted in the form of a temporary and renewable permit for not more than a twelve-month period subject to such conditions as will safeguard the public health, safety, convenience and general welfare. (Ord. 2712. Passed 8-1-78.)

   (g)   The Board shall adopt application and appeal forms as may be necessary for the conduct of its affairs.

   (h)   The Council shall establish such fees as may be necessary for the processing of hearings and other actions taken by the Board. The Board may recommend to Council changes in such fees from time to time.

(Ord. 4309. Passed 4-17-90; Ord. 6392. Passed 6-4-13.)