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(a) Establishment. An administrative board called the "Zoning Board of Appeals" is hereby established. The word "Board," when used in this Code, shall be construed to mean the "Zoning Board of Appeals."
(1) The Zoning Board of Appeals shall consist of five members. Two members shall be appointed by the Mayor and three members shall be appointed by Council, as hereinafter provided. The two members appointed by the Mayor are subject to confirmation and approval by Council. All members, at the date of their respective appointments and thereafter during their terms of office, shall be, and shall have been for the two years last past, qualified electors of the City who hold no other elective or appointive office or position except for membership on the Citizens Tree Commission, the Cable Advisory Commission, the Environmental Affairs Advisory Board, the Income Tax Board of Review, the Community Reinvestment Area Housing Council, or the Affirmative Action Commission, who are not otherwise employed within the Municipal Government.
(2) Members of the Zoning Board of Appeals shall continue to possess the qualification of qualified electors of the Municipality throughout their terms of office, or they shall forfeit their office. Failure of any member of the Board to maintain said qualifications shall not render void or ineffective any action of the Board in which such member has participated.
(c) Terms and Vacancies. Terms for members of the Zoning Board of Appeals shall begin July 1, 1993, with one member, to be appointed by Council, whose term shall expire December 31, 1993; one member, to be appointed by the Mayor, whose term shall expire December 31, 1994; one member, to be appointed by Council, whose term shall expire December 31, 1995; one member, to be appointed by the Mayor, whose term shall expire December 31, 1996, and one member, to be appointed by Council, whose term shall expire December 31, 1997. Thereafter, all terms shall be five years in duration in order to permit staggered terms, with Council continuing as the appointing authority for the three members it initially appoints, and the Mayor the appointing authority for the two members he or she initially appoints.
Any vacancy occurring in the Board shall be filled for the remainder of the unexpired term in the same manner that the position was originally filled.
(d) Compensation and Expenses. Members of the Zoning Board of Appeals shall serve without compensation. With the prior approval of Council, any expense incurred by the Board or the members thereof, in the performance of their duties, shall be paid from the Municipal Treasury.
(e) Powers and Duties. For the purposes of this Planning and Zoning Code. the Zoning Board of Appeals shall have the following powers and duties:
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by an administrative official in the administration or enforcement of this Code, unless otherwise provided in this Code.
(2) To grant such variances from the terms of this Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this Code will result in practical difficulty or unnecessary hardship, and so that the spirit of this Code shall be observed and substantial justice done.
(3) To resolve any disputes with respect to the precise location of a zoning district boundary, using, where applicable, the standards and criteria of Section 1230.04.
(4) To permit the completion, restoration, reconstruction, expansion or extension of a nonconforming use where the enforcement of the regulations pertaining to nonconforming lots or buildings will result in unnecessary hardship.
(5) To adopt rules or bylaws for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of its powers.
(f) Subpoenas. The Zoning Board of Appeals may subpoena witnesses and require the production of records in accordance with Chapter 268 of the Codified Ordinances.
(Ord. 52-99. Passed 3-22-99; Ord. 68-2015. Passed 6-8-15; Ord. 21-2016. Passed 2-22-16.)