A Board of Zoning Appeals is hereby established. The Board shall perform the duties and exercise the powers provided in R.C. § 713.11 in such a way that the objectives of this Zoning Code shall be observed, public safety secured and substantial justice done.

(Ord. 1-91, passed 3-4-1991)

   The Board of Zoning Appeals shall consist of five members appointed by the Mayor and confirmed by the City Council. Each of the city's four wards shall have one representative and the fifth member shall be "at large". Each member shall be appointed for a period of five years, except that initial members shall be appointed as follows: One for one year; one for two years; one for three years; one for four years; and one for five years. In the event of the death or resignation of a member, the Mayor, with the confirmation of the City Council, shall make the appointment for the duration of the unexpired portion of the term of the member. The members of the Board shall be residents of the city and shall serve without compensation.

(Ord. 1-91, passed 3-4-1991)

   The Board of Zoning Appeals shall elect a Chairperson, Vice-Chairperson and Secretary and shall prescribe rules in accordance with this chapter for the conduct of its affairs.

(Ord. 1-91, passed 3-4-1991)

   The Board of Zoning Appeals shall keep minutes of its proceedings showing the vote of each member upon a question, or, if a member is absent or fails to vote, indicating that fact. The Board shall file a record of proceedings in the office of the Clerk of Council, which record shall be a public record.

(Ord. 1-91, passed 3-4-1991)

   (a)   The Board of Zoning Appeals shall meet at the call of its Chairperson or two other members and at such other regular times as specified in the Board's Rules of Procedure. All hearings held by the Board shall be open to the public. The Board shall require a quorum of three members at all meetings, and the concurring vote of at least three members shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector, or to decide in favor of an applicant on any matter upon which it is required to pass, or to effect any variations in this Zoning Code.

   (b)   The Board shall have the power to subpoena and require the attendance of witnesses and to compel testimony and the production of books, papers, files and other material which may serve as evidence relative to the matters before it.

(Ord. 1-91, passed 3-4-1991)

   The Board of Zoning Appeals shall not have the power to alter or change the zoning district classification of any property, nor to make a change in the terms of this Zoning Code, but the Board shall have the power to act on those matters where this Zoning Code provides for an administration review, interpretation, exception or special approval permit and to authorize a variance as defined in this section and in the laws of the State of Ohio. The powers shall include:

   (a)   Appeals. The Board shall hear and decide all appeals from any decision or action of the Zoning Inspector or any other administrative official in carrying out or enforcing any provision of this Zoning Code.

   (b)   Variances. Where there are practical difficulties or unnecessary or particular hardships in the way of carrying out the strict letter of this Zoning Code, the Board shall have the power in passing on appeals to vary any of the provisions of this Zoning Code relating to the construction or structure. The Board shall authorize a variance from the strict application of the provisions of this Zoning Code where evidence is submitted showing that:

      (1)   By reason of an exceptional narrowness, shallowness, shape or area of a specific piece of property, or by reason of exceptional topographic conditions or other extraordinary physical land conditions applying to the property that do not generally apply to other properties or uses within the same zoning district or neighborhood, the strict application of the provisions of this Zoning Code would result in practical difficulties or unnecessary hardship inconsistent with the general purpose and intent of this Zoning Code.

      (2)   The granting of the variance will not be of substantial detriment to the public interest or to property or improvements in the district in which the variance is sought, and will not materially impair the purpose of this Zoning Code. In granting a variance, the Board may attach such conditions or safeguards as it may deem necessary to protect the public health, safety or welfare and to further the purposes and intent of this Zoning Code.

   (c)   Exceptions and special approvals. The Board shall hear and decide, in accordance with the provisions of this Zoning Code, requests for exceptions, for interpretations of the Zoning Districts Map and for decisions on special approval situations on which this Zoning Code specifically authorizes the Board to pass. Any exception or special approval shall be subject to the following conditions:

      (1)   The Board shall interpret the provisions of this Zoning Code in such a way as to carry out the intent and purpose of the Comprehensive Plan, as shown on the Zoning Districts Map, accompanying and made a part of this Zoning Code, where the street layout on the actual ground differs from the street layout on the Zoning Districts Map.

      (2)   The Board shall permit, upon proper application, temporary uses not otherwise permitted in any district, for a period not to exceed 12 months, provided that such uses do not require the erection of any capital improvement of a structural nature.

      (3)   The Board shall permit modification of fence requirements, provided that the modification will not adversely affect or be detrimental to surrounding or adjacent development.

      (4)   The Board shall permit modification of the height and area regulations as may be necessary to secure an appropriate improvement of a building or lot which is so located, or which is of such a precarious shape in relation to surrounding development, that it cannot be appropriately improved without the modification.

(Ord. 1-91, passed 3-4-1991)

   Appeals to the Board of Zoning Appeals may be taken by any person, firm or corporation, or by any officer, board or department of the city, deeming himself, herself or itself to be adversely affected by a decision of the Zoning Inspector regarding the interpretation of this Zoning Code. Appeals shall be made no later than 15 calendar days after the date of the grievance. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative officer, whose decision is appealed from, shall certify to the Board, after the notice of appeal has been filed, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed by other than a restraining order granted by the Board or by a court having lawful jurisdiction. Within its powers, the Board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as in its opinion ought to be done, and to that end shall have all the powers of the officers and bodies from whom or which the appeal was taken, and may issue or direct the issuance of a certificate.

(Ord. 1-91, passed 3-4-1991)

   (a)   All appeals and applications made to the Board of Zoning Appeals shall be in writing and on forms prescribed therefor. Every appeal or application for a variance or special exception shall refer to the specific provision of this Zoning Code involved and shall exactly set forth the interpretation that is claimed, the use for which the certificate is sought or the details of the appeal that is applied for and the grounds on which it should be granted, as the case may be. Each and every decision made by the Board shall be by resolution and shall contain a full record of the findings of the Board in the particular case. Each resolution, together with all documents pertaining thereto, shall be filed in the office of the Clerk of Council by case number under one or another of the following headings: variances; special exceptions; interpretations; or certificates.

   (b)   When a notice of appeal has been filed in proper form with the Board, the Secretary shall immediately place the request for appeal upon the calendar for hearing and shall cause notices, stating the time, place and purpose of the hearing, to be issued. The notice shall be served personally or by mail, addressed to the parties making the request for appeal, at least 30 days prior to the date of the scheduled hearing. Notices of the hearing will be sent to the owners of property within 500 feet of the perimeter of the site of the proposed deviation from this Zoning Code. Such hearing shall be advertised by notice, on two separate non-successive days, in one or more newspapers of general circulation in the city at least ten days before the date of such hearing. The Board, at its discretion, may send out further notices to publicize such hearings. The Board may recess hearings from time to time, and, if the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required.

(Ord. 1-91, passed 3-4-1991)

   City Council may, from time to time, prescribe and amend by ordinance a schedule of fees to be charged to applicants for all variances, exceptions and appeals as indicated in § 1262.08.

(Ord. 1-91, passed 3-4-1991)