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Ordinance 2015-075
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Ordinance 2015-075
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11/10/2015 12:14:58 PM
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11/10/2015 12:14:57 PM
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North Olmsted Legislation
Legislation Number
2015-075
Legislation Date
11/4/2015
Year
2015
Legislation Title
Amend Chapter 147 Board of Zoning Appeals to Reconcile with Charter Amendment Art. VII, Sec. 1 and 4
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Version KW1, 082015 <br /> Exhibit B <br /> CHAPTER 147 <br /> Building and Zoning Board of Appeals <br /> 147.01 Organization. 147.04 Appeals. <br /> 147.02 Duties and records. 147.05 Notice. <br /> 147.03 Meetings. 147.06 Finality of Board Order. <br /> 147.01 ORGANIZATION. <br /> The Building and Zoning Board of Appeals created by the Charter in Article VII, Section <br /> 1, shall elect a chairman and vice-chairman by majority vote from among the membership each <br /> year. The chairman, or in his absence the vice-chairman, of the Building and Zoning Board of <br /> Appeals shall conduct meetings, administer oaths, compel the attendance of witnesses and the <br /> production of plans, documents and other evidence pertinent to any issue before the Board, and <br /> perform duties as may be delegated to or imposed upon them by this or any other ordinance or by <br /> the rules and regulations of the Board. <br /> 147.02 DUTIES AND RECORDS. <br /> The Building and Zoning Board of Appeals shall adopt regulations and rules of <br /> procedure. It shall keep a record of its proceedings showing the vote of each member upon each <br /> question, or, if absent or failing to vote, indicate such fact. Three members of the Building and <br /> Zoning Board of Appeals shall constitute a quorum. In varying the application of any provision <br /> of the Zoning Code or Building Code or in modifying an order of the Building Commissioner, <br /> affirmative votes of three members shall be required. The Board shall keep records of its <br /> examinations and other official actions. Every rule or regulation, every amendment or repeal <br /> thereof and every order, requirement, decision or determination of the Board shall immediately <br /> be filed in the office of the Board and shall become and remain a public record. <br /> 147.03 MEETINGS. <br /> The Building and Zoning Board of Appeals shall meet once a month and at such other <br /> times as the Board may determine, upon request of the chairman. All meetings shall be open to <br /> the public. <br /> 147.04 APPEALS. <br /> (a) Time and notice. An appeal from any decision of the Building Commissioner may <br /> be taken within ten(10) days from the date of the decision from which the appeal is taken by <br /> filing an application with the Building and Zoning Board of Appeals specifying the grounds <br /> therefor. The Commissioner shall forthwith transmit to the Board papers upon which the action <br /> appealed was taken. <br /> (b) Hearing. The Board shall hear and decide appeals de novo and shall review on <br /> appeal any order, requirement, decision or determination made by the Building Official in the <br /> enforcement or application of the Zoning or Building Codes. Within its power, the Board may <br /> reverse or affirm wholly or in part, or modify, any such order, requirement, decision or <br /> determination appealed from and shall make such order, requirement, decision or determination <br /> as in its opinion ought to be made under the circumstances and to that end shall have all the <br /> powers of the officer from whose decision the appeal is taken. <br /> (c) Evidence and inspection. In passing upon appeals, the Board may require submission <br /> of evidence or proof to substantiate claims, and may require such additional data and test which, <br /> in the opinion of the Board, are needed for adequate consideration of the appeal. Any member of <br />
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