Zoning Board of Appeals

The  Zoning Board of Appeals is composed of five [5] members appointed by the Board of Township Trustees. The members serve a five [5] year term and each term is so arranged that a term of one [1] member will expire each year. Members may be reappointed by the Board of Township Trustees. The Board of Township Trustees may appoint two [2] alternate members for terms determined by the Board of Township Trustees.

Powers and Responsibilities of the  Zoning Board of Appeals
The Zoning Board of  Appeals shall have all the powers and responsibilities prescribed by the Ohio Revised Code, subsequent amendments thereto as well as other responsibilities, which will aid in carrying out its duties and at a minimum includes the following: 

A.  To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by any administrative official such as the zoning inspector, in the enforcement of the Windham Township Zoning Resolution.

 B.     To authorize upon appeal, in specific cases, variances from the terms of the Zoning Resolution as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the Resolution will result in unnecessary hardship and so the spirit of the Zoning Resolution shall be observed and substantial justice done.

 C.  To grant conditional zoning certificates for the use of land, buildings or structures under the conditions specified in this Article, and the in the district regulations.

 D.  To revoke an authorized variance or conditional zoning certificate granted for the extraction of minerals if any condition of the variance or conditional certificate is violated. (ORC 519.14)

 The Board shall notify the holder of the variance or certificate by certified mail of its intent to revoke the variance or certificate under Item D of this section, of his/her right to a hearing before the Board, within 30 days of the mailing of the notice, if he/she so requests. 

If the holder requests a hearing, the Board shall set a time and place for the hearing and notify the holder.  At the hearing, the holder may appear in person, by his attorney or other representative, or he/she may present his position in writing. He/she may present evidence and examine witnesses appearing for or against him/her.  If no hearing is requested, the Board may revoke the variance or certificate without a hearing.  The authority to revoke a variance or certificate is in addition to any other means of zoning enforcement provided by law.

In exercising the above powers, the Board may in conformity with such sections, 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 has all powers of the officer from whom the appeal is taken.

Proceedings of the  Zoning Board of Appeals
The Board shall adopt rules necessary to the conduct of its meetings and hearings and business in keeping with the provisions of the Zoning Resolution.  Meetings shall be held at the call of the chairman and 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.  All meetings shall be open to the public.  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 official actions, all of which shall be a public record and immediately filed in the Office of the Board of Township Trustees.  The  Zoning Board of Appeals shall adopt the resolution required under Ohio Revised Code Section 121.22 to govern public notice of its meetings.  All official actions shall require the vote of three (3) Zoning Board of  Appeals members who shall constitute a quorum.

All hearings shall be held in accordance with the Ohio Revised Code, Chapter 519 and this Resolution.  All of the powers listed in Section 1003.03 may be exercised only within a hearing open to the public as provided in this section unless otherwise provided in this Resolution.  At all such hearings, the chairperson, or in his or her absence, the acting chairperson, shall administer an oath or affirmation to all witnesses giving testimony, and give the applicant or appellant, and those in opposition to the application or appeal, the opportunity to: 

A.  Appear and be heard in person, or by an attorney, in support or opposition to the application or notice of appeal and:

1. Present his or her position, arguments and contentions;   

2. Offer and examine witnesses and present evidence in support;

3. Cross examine witnesses purporting to refute his or her position, arguments and contentions; 

4. Offer evidence to refute evidence and testimony offered in opposition to his or her position, arguments and contentions;

5. Proffer any such evidence into the record, if the admission of it is denied by the  Zoning Board of Appeals.

B.  Subpoena material witnesses, through the authority of the Board and under its discretion and control, after a timely request to the Board.

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