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Appeals

The Fairfield Township Board of Zoning Appeals consists of six (6) legal residents of the township that are appointed by the Township Trustees to serve a five (5) year term with one (1) term expiring every year.  There are five (5) permanent positions and one (1) alternate position.*
 

 
705:   Board of Zoning Appeals

 

705.01         Appointment and Term of Office
 

The Board of Zoning Appeals shall be composed of six (6)* members who reside in the unincorporated area of the Township, appointed by the Board of Trustees.  The terms of the members shall be for a period of five (5) years and so arranged that the term of one member will expire each year.  Each member shall serve until that member’s successor is appointed and certified by notice from the Township Clerk.

 

The Board of Trustees may remove a member of the Board from office for cause upon written charges and after public hearing.

 

Vacancies shall be filled by the Board of Trustees for an unexpired term.

 

705.02         Powers and Duties
 
The Board of Zoning Appeals shall have the powers and duties prescribed by the Ohio Revised Code and by this Resolution, including:
 
(a)     Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Inspector in the enforcement of this Resolution.
 
(b)     Authorize, upon appeal, in specific cases, such variance from the terms of this Resolution as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of this Resolution will result in undue and unnecessary hardship and practical difficulty, and so that the spirit of the Resolution shall be observed and substantial justice done.
 
(c)     Grant conditional zoning certificates for the use of land, buildings, or other structures as such certificates for specific uses are provided in this Resolution.
 
(d)    Review and approve or deny site plans submitted according to Section 406 of this Resolution.
 
(e)     Revoke, in accord with the provisions of the Ohio Revised Code, an authorized variance or conditional zoning certificate granted for the extraction of minerals if any condition of the variance or certificate is violated.
 
(f)     In exercising the powers described in sections (a) through (e) above, the Board may, in conformity with those sections, reverse or affirm, wholly or partly, or may modify an 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 exercise the powers of the Zoning Inspector.
 
(g)     The Chairperson, or the Acting Chairperson in absence of the Chairperson, shall have the power to administer oaths.

 

 

705.03         Procedures
 
Meetings of the Board shall be held at the call of the Chairperson or Secretary and at other times as the Commission may determine.  All meetings of the Board shall be open to the public.
 

The Commission 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 record of its examinations and other official actions, all of which shall be kept as a public record.

 

Three (3) members of the Board shall constitute a quorum.  Such quorum may exercise the powers of the Board and the action of a majority of the full Board.  All actions of the Board shall have the concurrence of at least three (3) members.  The failure of any proposed amendment, supplement, or action to receive an affirmative vote of at least three (3) members shall be considered a recommendation or vote against such amendment, supplement, or action and shall be so recorded and certified as applicable.