The Board of Zoning Appeals shall consist of seven Woodlawn residents, as stipulated by the Municipal Charter. The composition of the Board shall be as follows:

   (a)   Two members of Council selected annually by Council;

   (b)   One member of the Planning Commission selected annually by the Planning Commission; and

   (c)   Four citizens of the Municipality selected by recommendation of the Mayor with the concurrence of Council. Residents shall serve a four-year term, except that terms of the members of the first Board shall be staggered so that two new members will be appointed for two years. Thereafter, two citizen members will be appointed every two years to a four- year term on the Board.

   (d)   Members of the Board of Zoning Appeals shall be removed for nonperformance of duty or misconduct, by the Municipal Council, upon written charges having been filed with the Municipal Council and after a public hearing has been held regarding such charges. A copy of the charges shall be served upon the member so charged at least ten days prior to the hearing, personally, by registered mail or by leaving the copy at his or her usual place of residence. The member shall be given an opportunity to be heard and to answer such charges.

(Ord. 17-2013, passed 9-24-2013)

   (a)   A quorum for all meetings of the Board of Zoning Appeals shall consist of a minimum of four members. A majority vote by the members present is required for approval of matters brought before the Board. The Mayor, or in his or her absence the Acting Mayor, shall preside at the meetings. He or she may not vote in the Board meeting other than to break a tie by the members. No member may abstain from voting yea or nay unless there is a conflict of interest involved.

   (b)   The Board shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Code.

(Ord. 17-2013, passed 9-24-2013)

   Meetings of the Board of Zoning Appeals shall be held at the call of the Mayor and at such times as the Board may determine. The Mayor, or in his or her absence the Acting Mayor, shall administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep written 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 Board and shall be a public record.

(Ord. 17-2013, passed 9-24-2013)

   The Board of Zoning Appeals shall have the following powers and duties:

   (a)   To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by the Zoning Officer in the enforcement of this Zoning Code;

   (b)   Authorize such variances, from the terms of this Zoning Code that are not contrary to the public interest, where, owing to the special conditions, a literal enforcement of this Code will result in practical difficulties, and so that the spirit of this Code shall be observed and substantial justice done. Procedures for variances shall conform to § 1256.07, Variances.

   (c)   Appeals taken on the basis of a decision rendered by the Planning Commission on conditional use requests.

   The Board of Zoning Appeals may call on any Municipal department for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance to the Board of Zoning Appeals as may reasonably be required.

(Ord. 17-2013, passed 9-24-2013)

   In exercising the powers specified in § 1256.04, Powers and Duties, the Board of Zoning Appeals may, by a majority vote, reverse or affirm, wholly or partly, or may 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 all the powers of the Zoning Officer from whom the appeal is taken.

(Ord. 17-2013, passed 9-24-2013)

   (a)   Filing. Appeals to the Board of Zoning Appeals may be taken by any person aggrieved or by an officer, department or bureau of the Municipality affected by any decision of the Zoning Officer or conditional use decision of the Planning Commission. Such appeal shall be taken within 30 days of the Zoning Officer or Planning Commission action, as prescribed by the Board by general rule, by filing with the Zoning Officer and with the Board a notice of appeal specifying the grounds thereof. The Zoning Officer shall forthwith transmit to the Board copies of all papers constituting the record upon which the action appealed from is taken.

   (b)   Proceedings stayed. An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Officer certifies to the Board, after the notice of appeal has been filed with him or her, 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 otherwise than by a restraining order which may be granted by the Board or by a court of record on application or notice to the Zoning Officer for good cause shown.

   (c)   Hearings; notice. The Board shall fix a reasonable time for the hearing of the appeal and give not less than 30 days public notice thereof in a newspaper of general circulation in the Municipality, as well as due notice to all property owners adjacent and across the street from the property in question, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. In cases involving structural additions to residential properties, the Board shall give not less than ten days nor more than 30 days public notice thereof in a newspaper of general circulation, as well as due notice to the parties of interest, including persons whose property faces the frontage or abuts other boundaries of the lot or parcel under appeal.

   (d)   Fee. The filing fee, as adopted by Municipal Ordinance, shall be paid to the Municipality at the time the notice of appeal is filed.

(Ord. 17-2013, passed 9-24-2013)

   The Board of Zoning Appeals shall have the power to authorize upon appeal in specific cases, filed as provided here, such area variances from the terms, provisions or requirements of this Zoning Code as will not be contrary to the public interest provided. Such variances shall be granted only in such cases where, owing to special and unusual conditions pertaining to a specific piece of property as described below, the literal enforcement of the provisions or requirements of this Zoning Code would result in practical difficulty, so that the spirit of the Zoning Code shall be upheld, public safety and welfare secured and substantial justice done. Variances shall not be granted for uses not permitted in the zoning district applicable to the property.

   (a)   Where there are exceptional or extraordinary circumstances or conditions, the literal enforcement of the requirements of this Zoning Code would involve practical difficulty for an area variance the Board of Zoning Appeals shall have power to relieve such hardship. In authorizing a variance, the Board of Zoning Appeals may attach thereto such conditions regarding the location, character, and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the purpose of the chapter and in the public interest. In authorizing a variance, with attached conditions, the Board of Zoning Appeals shall require such evidence and may require a guarantee or bond as it may deem to be necessary, to enforce compliance with the conditions attached.

   (b)   Findings of the Board of Zoning Appeals. No such area variance of the provisions or requirements of this Zoning Code shall be authorized by the Board of Zoning Appeals if the Board of Zoning Appeals finds that any of the following facts and conditions exist:

      (1)   Area variance:

         A.   Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;

         B.   Whether the variance is substantial;

         C.   Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;

         D.   Whether the variance would adversely affect the delivery of government services (e.g., water, sewer, garbage);

         E.   Whether the property owner purchased the property with knowledge of the zoning restriction;

         F.   Whether the property owner's predicament feasibly can be obviated through some method other than a variance;

         G.   Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.

   (c)   Every variance granted or denied by the Board of Zoning Appeals shall be accompanied by a written finding of fact, based on testimony and evidence and specifying the reason for granting or denying the variance.

   (d)   Any variance granted but not acted upon within one year shall be cancelled.

   (e)   Any party adversely affected by a decision of the Board may appeal to the County Court of Common Pleas on the grounds that such decision was unreasonable or unlawful. The court may affirm, reverse, vacate or modify the decision complained of in the appeal.

   (f)   The BZA shall fix a reasonable time for the hearing of the variance; give ten days' notice by first class mail to the parties in interest as well as to all property owners within 250 feet of the subject property.

   (g)   The BZA shall decide the variance within 30 days after the hearing. This time period may be extended for a period not to exceed 30 days if agreed to by the BZA and the applicant.

(Ord. 17-2013, passed 9-24-2013)

   An application for an appeal or variance shall contain the following information:

   (a)   Name, address and telephone number of the applicant.

   (b)   A brief narrative description of the existing use of the property and the proposed use.

   (c)   Statement of location of the property (subdivision, township, range, section number, lot number).

   (d)   A statement indicating the zoning of the property.

   (e)   A brief narrative description of the proposed appeal or variance being requested, citing the section of the Zoning Code from which the appeal or variance is being requested.

   (f)   A plan, drawn at an appropriate scale, showing the following:

      (1)   Location of the property, indicating all existing and proposed structures and lot lines.

      (2)   Locations of the nearest public rights- of-way, and location of all access points to the site, existing or proposed.

      (3)   Locations of any easements existing or proposed.

      (4)   Locations of any existing or proposed parking areas and driveways, showing intent to comply with all parking requirements specified by these regulations.

   (g)   Such other information as may be required by the Board of Zoning Appeals.

   (h)   Names and mailing addresses of owners of property adjacent to the subject property as recorded by the Hamilton County Auditor's Office.

(Ord. 17-2013, passed 9-24-2013)