(a) Establishment. The Board of Zoning and Building Appeals is established by the City Charter.
(b) Meetings. Meetings of the Board of Zoning and Building Appeals shall be held at the call of the Chairperson and at such other times as the Board may determine. All such meetings shall be open to the public. The Board shall adopt rules and regulations in accordance with this Planning and Zoning Code as may be necessary to put into effect the powers and jurisdiction conferred herein.
(c) Membership and Compensation. The Board of Zoning and Building Appeals shall be composed of five qualified members appointed by the Mayor, with the concurrence of two-thirds of the membership of the legislative authority, who shall be appointed for terms of five years as set forth in the Charter.
(1) Commencing with the year 2020, each of the members of the Board of Zoning and Building Appeals shall receive annual compensation in an amount to be established by City Council in its annual “Ordinance Establishing Compensation for Full and Part-time Administrative Positions Not Covered by Any Collective Bargaining Agreement,” payable on a monthly basis
(2) The Chairperson of the Board of Zoning and Building Appeals shall be compensated at the rate of one and one-half times the compensation paid to other members of the Board of Zoning and Building Appeals, payable on a monthly basis.
(d) Powers and Duties. For the purposes of this Planning and Zoning Code, the Board of Zoning and Building 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, permit, decision, interpretation, determination or refusal made by the Zoning Enforcement Officer or any other administrative official carrying out or enforcing any provision of this Planning and Zoning Code, or in the interpretation of the Official Zoning District Map. A concurring vote of three members of the Board is necessary to reverse or modify any order or decision of an administrative official.
(2) To authorize such variances from the terms of this Planning and Zoning Code where, owing to special conditions, a literal enforcement of this Planning and Zoning Code will result in extreme practical difficulty, provided that such variances will serve the public interest, observe the spirit of this Planning and Zoning Code and secure substantial justice to all parties concerned.
(3) To permit the substantial remodeling of a nonconforming use and/or to permit the substitution of one nonconforming use with another nonconforming use in conformance with the provisions of this Planning and Zoning Code.
(4) To hear and decide all matters specifically referred to it for decision such as district boundary lines and other sections of this Planning and Zoning Code.
(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.
(Ord. 58-01. Passed 5-29-01; Ord. 42-09. Passed 4-13-09; Ord. 112-19. Passed 12-19-19.)