Chapter 136: Board of Zoning Appeals

Editor’s note: The Board of Zoning Appeals was established by Ordinance 1979-1172.

Cross references

  • Council to establish - see CHTR. Art. VII, Sec. 5
  • Open meetings - see ADM. Ch. 114
  • Appeals and variances - see P. & Z. Ch. 1111
  • Removal of members - see CHTR. Art. VII, Sec. 10

136.01   Establishment; members

  1. (a) There is hereby created a Board of Zoning Appeals which shall consist of one member of Council selected by Council annually, who does not simultaneously hold an appointment to the Planning Commission, and four electors of the Municipality, none of whom shall hold any other municipal office or appointment in the Village of Chagrin Falls, to be appointed for terms of four years by the Mayor, subject to the confirmation by a majority vote of the members of Council. Those members in office on the effective date of this provisions shall be permitted to complete their term of appointment, even if they are in contravention of this section.

  2. (b) Up to three alternate members of the Board of Zoning Appeals may be appointed by the Mayor and confirmed by a majority vote of the members of Council. The alternate members shall serve whenever one or more members are unable to hear a particular matter, or are unavailable for a particular meeting. None of the alternate members shall be members of Council and shall not simultaneously hold an appointment to the Planning Commission, but shall be electors of the municipality and shall not hold any other municipal office or appointment in the Village of Chagrin Falls. Each alternate member shall be appointed for a term of four years.

  3. (c) A vacancy occurring during the term of any member shall be filled for the unexpired term in the manner authorized for an original appointment, including appointment of alternate members.
    (Ord. 2019-34. Passed 4-22-19.)

136.02   Officers; rules

The Board of Zoning Appeals shall choose from its members a chairman, secretary and such other officers as it deems necessary; shall make its own rules and regulations; and shall keep a journal of its proceedings. The Board shall appoint or reappoint its officers at its first regular meeting in January of each year. Members of the Board shall serve without compensation unless otherwise provided by ordinance.
(Ord. 1979-1172. Passed 10-8-79.)

136.03   Meetings; voting

The Board of Zoning Appeals shall meet as necessary to perform their duties. A majority of the Board members shall constitute a quorum for the transaction of business and the affirmative vote of three members of the Board shall be necessary for any official decision. Failure to receive three affirmative votes will constitute a denial of the motion pending before the Board and a maintenance of the status quo or previous decision being reviewed. The Board shall conduct all of its meetings pursuant to Ohio R.C. 2506 and amendments thereto.
(Ord. 1983-38. Passed 11-28-83.)

136.04   Duties

The Board of Zoning Appeals shall have the power to hear appeals and to grant exceptions to and variances in the application of resolutions, ordinances, regulations, measures and orders of administrative officials or agencies governing zoning and building in the Municipality under procedures established by Council. Such board shall have such other duties and functions as may be provided by ordinance of Council.
(CHTR. Art. VII, Sec. 5)