Silverton City Zoning Code
§ 153.04
BOARD OF ZONING APPEALS.
(A) Establishment; membership. A Board of Zoning Appeals is hereby created. It shall consist of five members, to be appointed by the Mayor.
(B) Terms of office; vacancies.
(1) One member shall be appointed for one year; one for two years; one for three years; one for four years; and one for five years; and their successors for five years each. The term of the member of the Planning Commission shall expire at the same time as his term of the Commission.
(2) A member appointed to fill a vacancy shall serve for the unexpired term.
(C) Election of members. The Board of Zoning Appeals shall organize annually and elect a Chairperson and Vice-Chairperson. The Chairperson, or in his or her absence the officer presiding, may administer oaths and compel the attendance of witnesses.
(D) Powers of the Board of Zoning Appeals.
(1) Powers of jurisdiction. The Board of Zoning Appeals shall have the power to exercise the jurisdiction over the following matters as provided for in this Zoning Code.
(a) To hear and decide upon requests for area variances from an eligible provision of this Zoning Code. The procedure for variance application and review is set forth in § 153.05.
(b) To hear and decide appeals where it is alleged that there is an error in any interpretation, judgment, determination, or decision made by the Zoning Enforcement Officer or the Planning Commission in the administration and/or enforcement of the provisions of this Zoning Code. The procedure pertaining to administrative appeals is set forth in § 153.05.
(c) Where the street or lot layout actually on the ground or as recorded differs from the street and lot lines as shown on the building zone map, the Board of Zoning Appeals, after due notice by registered mail to the record owners of the property, shall interpret the map in a way as to carry out the intent and purpose of this chapter and map for the particular section or district in question.
(2) In exercising its jurisdiction, it shall adopt from time to time such general rules and regulations relating to its procedure as it may deem necessary.
(E) Public hearings and meetings procedure. Public hearings and meetings of the Board of Zoning Appeals shall be public. Notice of hearings of each appeals case shall be given by publication one time in a newspaper of general circulation not less than 15 days in advance of the hearing. The Board shall act by resolution, in which three members shall concur. Concise records and minutes shall be kept as to all official acts of the Board. The Board may recess such public hearings from time to time without making a final determination on the matter, and, if the time and place of the continued hearing is publicly announced at the time of the adjournment, no further notice shall be required. Any interested person may appear at the public hearing in person or by attorney. Notice of such public hearings shall be given by first class mail to the parties making the request for the appeal and to the property owners within 300 feet of the property to which such appeal relates not less than 15 days in advance of the hearing. Such notification shall be sent to the names and addresses of such owners appearing on the Hamilton County Auditor's current tax list. If the address appearing on the tax list is that of a lending institution or other person or entity clearly recognizable as not being the owner, then written notice shall be mailed to such institution, person, or entity at the listed address and to the named owners at the street address of the property. Failure of delivery of such notice shall not invalidate action taken on such application.
(F) Appeals from the Board Of Zoning Appeals. The Court of appropriate jurisdiction as set forth in the Ohio Revised Code shall hear and decide administrative appeals where it is alleged that there is an error in any interpretation, judgment, determination, or decision made by the Board of Zoning Appeals in the administration and/or enforcement of the provisions of this Zoning Code. The procedure for filing such appeal shall be determined by the applicable statutes of the Ohio Revised Code.
(Ord. 2025-10, passed 5-1-25)