A zoning board of adjustment is hereby established which shall consist of three members who are residents of the City of Sylvania appointed by the Sylvania city council. The term of office of the members of the board shall be three years; provided, however, that the initial board of adjustment established under this ordinance shall be appointed with terms as follows: One to serve for one year, one to serve for two years and one for three years, and their successors shall serve for three years or until their respective successors are appointed. Members may be removed for cause by the council upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Members shall not hold any other elected or appointed public office for the government of the City of Sylvania.

16-1.1. Proceedings of the board of adjustment. The board shall elect one of its members chairman, who shall serve for one year or until he is reelected or his successor is elected and qualified. The board shall appoint a secretary who may be an officer of the governing authority. The zoning board of adjustment shall adopt rules in accordance with the provisions of any ordinance or resolution adopted pursuant to this ordinance. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. 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 actions, all of which shall be immediately filed in the office of the administrator and shall be public record.

16-1.2. Hearings, appeals and notices.

(a)

Appeals to the board of adjustment may be taken by any person aggrieved by any officer, department, board or bureau of the city affected by any decision of the building inspector. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the inspector and with the board of adjustment a notice of appeal. The building inspector shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(b)

The board of adjustment shall fix a reasonable time for hearing the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

(c)

Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board of adjustment, after notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.

The board of adjustment shall have the following powers and duties:

16-2.1. Administrative review. To hear and decide appeals when it is alleged that there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this ordinance.

16-2.2. Variances. The board of adjustment may authorize, upon appeal in specific cases, such variances from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement to the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the board of adjustment unless and until:

(a)

A written application for a variance is submitted demonstrating:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography.

(2)

The application of the ordinance to this particular piece of property would create an unnecessary hardship.

(3)

Such conditions are peculiar to the particular piece of property involved.

(4)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the ordinance or the land use plan; provided, however, that no variance may be granted for a use of land or building or structure that is set forth as being excluded or prohibited in a given district by this ordinance.

(b)

Notice of public hearing shall be posted on the property for which the variance is sought and shall be published at least 15 days prior to the public hearing in a newspaper of general circulation.

(c)

The hearing shall be held. Any party may appear in person or by agent or by attorney.

(d)

The board of adjustment shall make findings that the requirements of section 8-3016-2.2(a) have been met by the applicant for a variance.

(e)

The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

(f)

The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(g)

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made part of the terms under which the variance is granted, shall be deemed a violation of the ordinance.

(h)

With respect to uses of land, buildings and other structures, this ordinance is declared to be a definition of the public interest by the Sylvania city council and the spirit of this ordinance will not be observed by any variance which permits a use not generally permitted in the district involved or any use expressly or by implication prohibited by the terms of this ordinance in said district. Therefore, under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the district involved, or any use expressly or by implication prohibited by the terms of this ordinance in said district.

16-2.3. Actions of board concerning appeals. In exercising the powers set forth in sections 8-3016-2.1 to 8-3016-2.2 above, the board may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have the powers of the administrative official from whom the appeal is taken.

Any person or persons jointly or severally aggrieved by any decision of the board of adjustment, or any taxpayer or any officer, department, board or bureau of the City of Sylvania may present to the superior court in and for the county a petition, duly verified, setting forth that a decision of the board of adjustment is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision.

16-4.1. Building inspector and board of adjustment. It is the intent of this ordinance that all questions of administration and enforcement shall first be presented to the building inspector, and that such questions shall be presented to the board of adjustment only upon reference by, or appeal from, the building inspector, and that recourse from the decisions of the board of adjustment shall be to the courts as provided by law.

16-4.2. City council. It is the intent of this ordinance that the function of the city council under this ordinance shall not include hearing and deciding questions of interpretation and enforcement which may arise, but that the city council shall have only the responsibility for acting on proposals for amendment or repeal of this ordinance.