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(a) Membership and Organization. There is hereby established a Board of Zoning and Building Appeals which shall consist of the Director of Public Service who shall serve as Chairman of this Board, and six (6) electors of the City holding no other public office. Six (6) members shall be appointed by the Mayor, with confirmation by a majority of Council, to serve without compensation for a term of six (6) years; except that of original appointments for terms beginning January 1, 1974, one (1) shall be appointed for a term of one (1) year, one (1) for a term of two (2) years, one (1) for a term of three (3) years, one (1) for a term of four (4) years, one (1) for a term of five (5) years, and one (1) for a term of six (6) years. The Board of Zoning Appeals and Board of Building Appeals heretofore existing shall be abolished on the effective date of this Charter.
The Building Commissioner, the Director of City Planning, and a member of Council selected annually by Council from its committee, having responsibility for planning and zoning matters shall be ex-officio members of the Board of Zoning and Building Appeals, and shall have all of the powers, duties, and rights of the other members, except they shall have no voting rights on issues before the Board.
Any vacancy occurring during the term of any member of the Board of Zoning and Building Appeals shall be filled for the unexpired term in the manner authorized for the original appointment.
(b) Jurisdiction. The Board of Zoning and Building Appeals shall have the power to hear and decide appeals for exceptions to, and variances in the application of resolutions, ordinances, regulations, measures, and orders of administrative officials or agencies governing zoning and building in the Municipality, as may be required to afford justice and avoid unreasonable hardship, subject to such reasonable standards as shall be prescribed by Council, and such other powers as may be granted to it by Council.
(c) Meetings and Procedure. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. Meetings shall be open to the public and a record shall be kept showing the vote of each member on each question. Procedure before the Board of Zoning and Building Appeals shall be in accordance with ordinance of Council or rules or regulations established by the Board, not inconsistent therewith.
(d) Appeals to the Board. A written appeal may be submitted to the Board of Zoning and Building Appeals within twenty (20) days after refusal of the issuing authority to issue a zoning or building permit.
The Board of Zoning and Building Appeals shall hold a public hearing on each appeal and shall give ten (10) days public notice of the time and place of the public meeting in a newspaper of general circulation in the City.
Written notice of the hearing shall also be sent by the Board, by first class mail, at least ten (10) days before the date of the public hearing, to the owners of property contiguous to, or across the street from, the area which is the subject of the appeal. Such written notices shall be mailed to the addresses of such owners appearing on the current tax duplicate of the County. Failure of delivery of any such notice shall not invalidate the public hearing.
Each appeal received by the Board of Zoning and Building Appeals shall be acted upon by said Board within forty-five (45) days of receipt of the appeal unless an additional period of time, not to exceed thirty (30) days, is provided by Council.
The Board of Zoning and Building Appeals shall perform such other duties and functions as may be imposed upon it by ordinances and resolutions of Council.