Brunswick Hills Township Board of Zoning Appeals By-Laws – Revised 2/4/2015

BRUNSWICK HILLS TOWNSHIP BOARD OF ZONING APPEALS

BY-LAWS

ARTICLE I: AUTHORITY The Brunswick Hills Township Board of Zoning Appeals is established in accordance with the Ohio Revised Code 519.13-519-15.

ARTICLE II: JURISDICTION

The jurisdiction of the Board of Zoning Appeals is that of BrunswickHillsTownship.

ARTICLE III: APPOINTMENT AND TERMS OF MEMBERS

Members are appointed by the Board of Trustees, BrunswickHillsTownship, for a term of five (5) years. A member may be reappointed at the end of his/her term at the discretion of the Board of Trustees.

The Board of Zoning Appeals shall consist of five (5) sitting members, two (2) alternate members, and one (1) Secretary. The alternate shall attend all meetings, and in the absence of a Board member, the alternate will take his/her place on the Board of Zoning Appeals. The term of appointment for the Secretary shall have no limit. The members shall be compensated for their time and expenses as the Board of Trustees may approve and provide.

A member may be removed by the Board of Trustees in accordance with O.R.C 519-04.

ARTICLE IV: OFFICERS AND THEIR DUTIES

Chairperson: Presides at all meetings of the Board of Zoning Appeals, assures proper order of the Board and the public at all proceedings, signs all documents of the Board of Zoning Appeals, prepares the agenda of the Board of Zoning Appeals, and represents the Board of Zoning Appeals before legislative and administrative bodies.

Vice-Chairperson: Performs all of the Chairperson’s duties in his/her absence.

Chairperson pro tempore: In the absence of both the Chairperson and Vice-Chairperson, the remainder of the citizen members of the Board of zoning Appeals shall elect a Chairperson pro tempore from among their own number by majority vote.

Secretary: Performs all administrative duties for the Board of zoning Appeals, records the proceedings of meetings, prepares the minutes of meetings, signs all documents of the Board of Zoning Appeals, notifies all property owners, when appropriate, of upcoming proceedings, assures timely advertisement of public hearings.

Secretary pro tempore: In the absence of the Secretary the Chairman of the Board of Zoning Appeals will appoint a Secretary pro tempore from among the Board members present. The Secretary pro tempore shall be responsible for recording the proceedings of the meeting and preparing the minutes of the meetings. The Secretary pro tempore may be required to carry out other administrative duties as needed.

Board members: Review application material prior to meetings, attend all scheduled meetings, and review minutes of meetings.

ARTICLE V: CONDUCT OF THE MEMBERS OF THE BOARD OF ZONING APPEALS

Members of the Board of Zoning Appeals shall take such time as to prepare themselves for meetings.

A Board member with a conflict of interest over an item before the Board must state that a conflict of interest exists and withdraw from participation in the meeting on that item. The interest of that Board member may be represented before the Board of zoning Appeals by a specifically designated representative or legal agent at the meeting, and testimony entered into the public record.

ARTICLE VI: ADMINISTRATIVE ASSISTANCE

The Medina County Prosecutor's Office shall serve as legal counsel to the Board of Zoning Appeals. Board members requesting a legal opinion from the Prosecutor’s Office should request that the opinion be provided in writing when possible. The individual making the request shall be responsible for the distribution of the legal written opinion to the Brunswick Hills Township Zoning Inspector, Trustee Zoning Liaison, BZA Secretary and the BZA members and alternates.

ARTICLE VII: MEETINGS OF THE BOARD OF ZONING APPEALS

All meetings of the Board of Zoning Appeals are open to the public and are held in accordance with the Brunswick Hills Township Board of Zoning Appeals Organizational Guidelines for Public Hearings.

Regular meeting: The Board of Zoning Appeals will hold at least one (1) organizational meeting a year. At this meeting, officers will be elected and any issues of concern will be discussed. A regular meeting may take place in conjunction with a public hearing.

Public Hearing: A public hearing will take place when a resident makes an application of appeal to the Board of Zoning Appeals. All public hearings must be properly advertised and adjacent property owners notified in accordance with Section 1001 of the Brunswick Hills Zoning Resolution.

Special meeting: The Chairperson of the Board of Zoning Appeals or two other Board members may call a special meeting if the need arises. Notice of a special meeting shall be given to local news media with at least twenty-four (24) hours notice. All reasonable attempts will be made to contact any parties involved.

ARTICLE VII: QUORUM AND VOTING REQUIREMENTS

The Board of Zoning Appeals shall require a quorum of three (3) members at all its meetings, and the concurring vote of three (3) members shall be necessary to effect an order.

All votes shall be taken by the Secretary in random order, except the Chairperson who shall vote last.

Abstention from voting shall not be counted in the determination of a motion but shall be recorded.

In the event of a tie vote, the motion shall have been defeated.

ARTICLE VIII: INSTRUMENTS AND DOCUMENTS OF THE BOARD OF ZONING APPEALS

All materials applicable to the Board of Zoning Appeals such as, but not limited to, notices, agendas, application, maps, photographs, agency or consultant letters or reports, citizen petitions, staff reports, minutes of proceedings, and resolutions shall constitute the documents of the Board of Zoning Appeals and shall be indexed as a matter of public record.

ARTICLE X: SEPARABILITY

Should any article of the Board of Zoning Appeals be found illegal, the remaining articles shall remain in effect.

ARTICLE XI: ADOPTION AND AMENDMENT OF BY-LAWS

By-law adoption shall be made following review of legal counsel and public hearing.

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