Powers of Township Board of Zoning Appeals

Township board of zoning appeals may:

A. Hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the enforcement of sections 519.02 to 519.25 of the Ohio Revised Code or of this resolution.

B. Authorize, upon appeal, in specific cases, such variance from the terms of this zoning resolution as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of this resolution will result in unnecessary hardship, and so that the spirit of this resolution shall be observed and substantial justice done.

C. Grant conditional zoning certificates for the use of land, buildings, or other structures in accordance with this resolution

D. Revoke an authorized variance or conditional zoning certificate granted for the extraction of minerals, if any condition of the variance or certificate is violated

The township Board of Zoning Appeals shall notify the holder of the variance or certificate by certified mail of its intent to revoke the variance or certificate under subsection “D" of this section and of his right to a hearing before the township Board of Zoning Appeals, within thirty (30) days of the mailing of this notice, if he so requests. if the holder requests a hearing, the township Board of Zoning Appeals shall set a time and place for the hearing and notify the holder. At the hearing, the holder may appear in person, by his attorney or other representative, or he may present his position in writing. He may present evidence and examine witnesses appearing for or against him. if no hearing is requested, the township Board of Zoning Appeals may revoke the variance or certificate without a hearing. The authority to revoke a variance or certificate is in addition to any other means of zoning enforcement provided by law.

In exercising the above-mentioned powers, the township Board of Zoning Appeals may, in conformity with such sections, reverse or affirm, wholly or partly, or may modify the 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 has all the powers of the officer from whom the appeal is taken.

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