Boston Township

906.01 Powers and Duties The Board of Zoning Appeals is authorized to act as provided in the Ohio Revised Code and shall have all the powers and duties prescribed by law and the Boston Township Zoning Resolution. a. For the purpose of this Zoning Resolution, the Board of Appeals shall have the following powers and duties. 1. To hear and decide appeals. The Board of Zoning Appeals shall hear and determine all appeals from any decision or action made by the Zoning Inspector, or by any administrative officer on matters relating to this Zoning Resolution for relief from any order, requirement, decision of determination, including the refusal, granting or revocation of permits, and then t decide appeals by either reversing, affirming wholly or in part or modifying such order, requirement, decision or determination. 2. To authorize variances from the terms of this Zoning Resolution when practical difficulties or unnecessary hardship, depending on the type of variance sought, result through the strict and literal interpretation and enforcement of the provision hereof, the Board of Zoning Appeals shall have authority to grant upon such conditions as it may determine, such variances from the provision of this Zoning Resolution as may be in harmony with its general purpose and intent, so that the spirit of the Zoning Resolution shall be observed, public safety and welfare secured and substantial justice done. 3. To grant Conditional Zoning Permits for the use of land, building, and other structures if such permits for specific uses are provided for in this Zoning Resolution. 4. To retain the services of technical experts and such other persons as may be required to perform its duties. 5. To hear and decide all matters specifically referred to it for decision such as district boundary lines and other sections of the Zoning Resolution. 6. To adopt rules and regulations provided they are not in conflict with this Zoning Resolution for the holding of meetings for the transaction and disposition of its business and the exercise of its powers. 7. To compel and require the attendance of witnesses by power of subpoena, to administer oaths, to compel testimony, to produce reports, findings and other evidence pertinent to any issue referred to it for decision. 8. To review and determine if a proposed use is a similar use and to grant a conditional use permit. An applicant may submit an application for a conditionally permitted use for a use which the Zoning Inspector has determined is not specifically listed as a permitted or conditionally permitted use in the applicable district. The application shall be in the form of a letter requesting the determination and shall include a complete description of the proposed use, the reasons why the use should be declared the same as a listed use for the district, or why the use should be declared a similar use considering the standards listed below. The Board of Zoning Appeals shall determine whether it concurs with the decision of the Zoning Inspector. If the Board does not concur with the decision, then the Board shall direct the Inspector to approve the use. If the Board concurs with the Inspector’s decision, then the Board shall interpret this Resolution to determine if the proposed use is a similar use. The Board shall make a decision after consideration of the proposed use with respect to the following standards and other applicable provisions of this Resolution. i. Whether the use has characteristics and impacts consistent with those of one or more of the permitted uses in the district and the use has characteristics and impacts more consistent with those of the permitted uses of the subject district than with the permitted uses of any other district. ii. Whether the establishment of the use in the district will significantly alter the intended nature of the district. iii. Whether the use will create dangers to health and safety or create offensive noise, vibration, dust, heat, smoke, odor, glare, traffic, or other objectionable impacts or influences to an extent greater than normally resulting from permitted uses listed in the subject district. iv. Whether the use typically requires site conditions or features, building bulk or mass, parking, or other requirements dissimilar from permitted uses, and whether the typical development of site and buildings for the use is compatible with those required for permitted uses and can be constructed in conformance with the standard regulations for height, lot dimensions setbacks and other standards of the district. v. The Board shall decide whether the proposed use shall or shall not be a similar use for the subject district and whether the conditional zoning permit shall be approved. 906.02 Meeting, Hearings, Records a. Meetings and Hearings. The Board may schedule regular monthly meetings or meetings as called by the Chairman. Special meetings can be arranged at the call of the Chairman. b. Record of decisions. The board is authorized to engage the services of a court reporter, and shall provide a report of all its proceedings, setting forth its decision, the vote of each member participating therein and the absence of a member or his failure to vote. Any permit authorized or issued pursuant to any decision of the Board shall have incorporated therein any special conditions prescribed by the Board and a statement that the permit is subject to revocation for failure to comply with any of the conditions so prescribed.