Purpose

In order that the objectives of this Code may be more fully and equitably achieved, that there shall be provided a means of competent interpretation of this Code, that adequate but controlled flexibility be provided in the application of this chapter, that the health, safety, and welfare of the public be secured, and that justice be done, there is hereby established a Board of Zoning Appeals.

Members

The Board of Zoning Appeals shall consist of five electors of the city who shall serve overlapping three-year terms appointed by City Council. Council shall make all reasonable efforts to appoint at least one member of the Board of Zoning Appeals with qualifying experience and/or training pertaining to residential construction, such as persons trained in mechanical/structural engineering, building, architecture and the like.

Terms of Office

Each member shall hold office from the date of his or her appointment for a term of three years. Any member may continue in office after his or her term expires until an appointed successor takes office; or until 60 days have elapsed, whichever occurs first.

Vacancies

All vacancies created by the expiration of the terms, resignations, or other means shall be filled in accordance with the requirements of division above. In the event the requirements of division cannot be met, Council may fill vacancies as it may deem appropriate. Vacancies shall be filled within 60 days as prescribed in Article VII of the City Charter. A member appointed to fill a vacancy shall serve out the term of the previous member.

Rules of Procedure and Guidelines

The Board shall establish its Rules of Procedure and Guidelines with approval from City Council.

Organization

The Board shall elect a chairperson and vice-chairperson as set forth in its Rules of Procedure and Guidelines.

Meetings

The Board will hold a regular monthly meeting unless there is no business to come before the Board. Special meetings may be called at any time by the Chair. At least 48 hours written notice of the time and place shall be given by the city or by the Chair to each member of the Board. All meetings of the Board shall be open to the public as prescribed in Article VII of the City Charter.

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Duties

The Board of Zoning Appeals shall carry out the following powers and duties as provided in this section:

• Administrative appeals from any person or any governmental department affected or aggrieved, or to review any order, requirement, decision or determination where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant or refusal made by an administrative official or body charged with the enforcement and administration of this Code.
• Special permit. To authorize only special permits as provided under this Code.
• Variances. Where there are practical difficulties (non-use variances) or unnecessary hardships (use variances) preventing a property owner from conforming with the strict requirements of this Code, the Board of Zoning Appeals shall have the power to authorize variances from the requirements of this Code.
• Building construction appeals for the Dublin Division of Building Standards.
• Stream Corridor Protection Zone Appeals for the Dublin Engineering Division.
• Decisions related to nonconformities, as provided in § 153.004
• The Board may also make advisory recommendations to Council and the Planning and Zoning Commission concerning zoning matters.
• The Board shall exercise any other powers, duties, and functions as provided by Council.

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