Question: Should section be amended so that the five members of the Board of Zoning Appeals “shall include one attorney and one real estate or real estate development professional?”

Proposed Language:

§ 76-6     Board of Zoning Appeals; Board of Building Standards and Building Appeals

Within 30 days after this section becomes effective, there shall be established a Board of Zoning Appeals which shall be constituted and shall have jurisdiction as hereinafter provided. The members of the then existing Board of Appeals shall remain in office as the Board of Zoning Appeals for the terms for which the members were appointed, subject to the terms and conditions as to tenure of office set forth in the Charter at the time of their appointment, and shall retain jurisdiction of and dispose of all matters then pending before the Board of Appeals.

Within 30 days after this section becomes effective, there shall be established a Board of Building Standards and Building Appeals which shall be constituted and shall have jurisdiction as hereinafter provided.

(a) Board of Zoning Appeals. There shall be a Board of Zoning Appeals composed of five (5) members appointed by the Mayor. The five members appointed by the Mayor shall include one attorney and one real estate or real estate development professional. The members of the Board shall be appointed for a term of five years each. The Mayor may remove any member for cause and vacancies shall be filled in the same manner for the unexpired term. The Chairman of the Board shall be appointed annually by the Mayor. Members of the Board shall receive such compensation as is fixed by Council.

Separate provision shall be made in the budget for the expenditures of the Board and the expenditures shall not be included within the budget provided for the Planning Commission. The planning staff shall furnish the necessary technical advice and services required by the Board.

(b) Jurisdiction of Board of Zoning Appeals. It shall be the duty of the Board of Zoning Appeals to hear and decide appeals made for exceptions to and variations in the application of ordinances governing zoning in the City of Cleveland in conformity with the purpose and intent thereof, and to hear and decide all appeals made for exceptions to and variations in the application of ordinances, or orders or regulations of administrative officials or agencies; except such as are within the jurisdiction of the Board of Building Standards and Building Appeals.

(c) Board of Building Standards and Building Appeals. There shall be a Board of Building Standards and Building Appeals which shall consist of five (5) members to be appointed by the Mayor for original terms of one, two, three, four, and five years respectively, and thereafter for terms of five years each. One of the members shall be a registered architect who shall have had at least ten years’ experience as an architect; one shall be a registered professional engineer who shall have had at least ten years’ experience as an engineer engaged in the design of structural work in buildings; one shall be a registered professional engineer who shall have had at least ten years’ experience as an engineer engaged in the design of mechanical equipment for buildings; one shall be a builder who shall have had at least ten years’ experience in the construction, erection and alteration of buildings; and one shall be a member of organized labor representing the building trades who shall have had at least ten years’ experience in the supervision of the construction, erection and alteration of buildings. Each year the Mayor shall designate one of the members of the Board as Chairman of the Board for the calendar year.

Vacancies shall be filled for an unexpired term in the manner in which the original appointments are required to be made.

Each member shall receive compensation for each day of services performed in the amount set by the Council and based upon the accepted rate prevailing at the time of appointment, which compensation per diem shall not be reduced or increased during the term of appointment. Members shall attend the hearings and executive sessions of the Board, and shall perform such other duties as may be required by the Chairman; provided that an alternate may serve in place of a member, as hereinafter set forth.

There shall be an alternate for each member of the Board appointed in the manner prescribed for members; the alternate may serve in place of the member of corresponding qualifications whenever the member is unable to act or is self-disqualified because of personal interest, and shall then have all the powers of the member and shall receive compensation for services in the same manner as provided for the member.

Separate provisions shall be made in the budget for the expenditures of the Board and the expenditures shall not be included in the budget for any other City department or agency.

The Board shall be provided with office space and all necessary office equipment, and a hearing room, and such technical, clerical or stenographic assistance as will be required for the proper performance of its duties.

Any member and any alternate may be removed by the Mayor on proof of official misconduct, or of negligence in official duties, or of conduct in any manner connected with the member’s official duties which tends to discredit the member’s office, or of mental or physical disability to perform the member’s duties; but before removal the member shall receive a copy of the charges, and shall be entitled to a hearing before the Mayor in person or by counsel, and the action of the Mayor shall be final.

(d) Jurisdiction of the Board of Building Standards and Building Appeals. The Board of Building Standards and Building Appeals shall have the power:

To approve or disapprove materials, types of construction, appliances, devices or appurtenances proposed for use pursuant to the Building Code of the City of Cleveland.

To make, amend, and repeal rules and regulations for carrying into effect all provisions of the Building Code other than those relating to zoning and to include in the rules and regulations provisions applying to specific conditions and prescribing means and methods of practice to effectuate the provisions.

To hear and decide appeals from, and to review upon motion of any member of the Board, any order, requirement, decision or determination of the Commissioner of Building and Housing, or of any other administrative official or agency of the City, relating to the location, design, materials, construction, alteration, repair, equipment, use or occupancy, maintenance, removal or demolition, of any building or other structure, or any appurtenance connected or attached to the buildings or structures, regulated by the Building Code of the City of Cleveland, and any rule or regulation or amendment or repeals thereof made by said officials or agencies under the authority conferred upon them by the Building Code of the City of Cleveland, by reversing or affirming in whole or in part, or modifying the order, requirement, decision or determination, or rule, regulation, amendment or repeals thereof as in its opinion ought to be made in the premises, and to that end shall have the power of the officer or agency relative to whose ruling the action is taken; except that matters relating to zoning shall not come within the province or jurisdiction of this Board. In taking the action, the Board of Building Standards and Building Appeals may vary or modify the application of any provision of the Building Code except provisions relating to zoning, to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, impose unnecessary hardship, or would be contrary to the intent and purpose of the Building Code, or public interest.

To review, upon the motion of any member of the Board, any rule, regulation or decision of the Board; but no such review shall prejudice the rights of any person who has in good faith acted thereon before it is reversed or modified.

To exercise with respect to buildings situated in the City of Cleveland the same powers as are exercised by the Board of Building Standards under the laws of the State of Ohio to the extent that it is competent for this Charter so to authorize the Board.

To formulate and submit to the City Council, changes in and amendments to the Building Code which the Board determines as desirable for the proper regulation of buildings and structures and the equipment thereof and appurtenances thereto in the City of Cleveland.

To establish rules and regulations for its own procedure not inconsistent with this section.