(A) Organization, rules, meetings, and records.
(1) The Board shall elect its own Chair and shall adopt rules of procedure consistent with these regulations and pertinent statutes.
(2) Meetings of the Board shall be held at the call of the Chair and at such other times as the Board may determine. The Chair, or in his or her absence, the Acting Chair, may administer oaths and compel the attendance of witnesses. All meetings, deliberations, and voting of the Board shall be subject to the open meeting laws of the state and shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall be a public record. The concurring vote of four members, three members if no protests are registered, of the Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this appendix, or to effect any variation in this appendix. Any member of the Board who shall have a direct or indirect interest in any property or in the decision relating to such property, which shall be the subject matter of, or affected by, a decision of the Board, shall be disqualified from participating in the discussion, decision, or proceedings of the Board in connection therewith.
(70.60.10)
(B) Public hearings.
(1) Before the Board shall grant a conditional use permit or a variance, it shall hold a public hearing thereon. At the hearing, any party may appear in person or by agent, or by attorney.
(2) (a) Notice of such hearing shall be given by publication in the official city newspaper and by mailing written notice by the Clerk of the Board to the Planning Commission and to all owners of property within a 300-foot radius of the exterior boundary of the subject property. The applicant shall furnish the Board with a certified ownership list of all owners of property within a 300-foot radius of the exterior boundary of the subject property. Said notice shall contain:
1. Legal description of the property and its street address or approximate location;
2. Present zoning classification of the property and the nature of the conditional use permit or variance requested; and
3. Date, time, and place of hearing.
(b) A copy of the published notice may be mailed in lieu of other written notice; however, the notice by publication and written notice shall be published and mailed at least 15 days prior to the hearing.
(70.60.20)
(C) Action by the Board. In exercising its powers, the Board may, in conformity with the provisions of this appendix and pertinent statutes, 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, shall have all the powers of the officer from whom the appeal is taken. The Board shall decide appeals and applications in a reasonable time.
(Prior Code, Appendix B, § 70.60) (Ord. 702, passed 3-15-1971; Ord. 708, passed 6-5-1972)