A. Board Established; Powers: There is hereby created a board of adjustment to have and exercise the following powers: 1) to hear and decide appeals from any order, requirement, decision, or determination made by the county planning and zoning commission in the enforcement of this chapter; 2) to hear and decide special exceptions to the terms of this chapter upon which such board of adjustment under such regulations may be required to pass; and 3) to hear and decide specific variances.
B. Appointment; Terms; Removal: The board of adjustment shall consist of three (3) members appointed by the county commissioners and each shall serve for a term of three (3) years and until his successor is duly appointed and qualified. Of the members first appointed, one shall be appointed for a term of one year, one for a term of two (2) years, and one for a term of three (3) years. Members shall be removable by the appointing authority for cause, upon written charges, after a public hearing.
C. Rules; Meetings: The board of adjustment shall adopt rules for its governance and in harmony with the provisions of this chapter. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All hearings of the board of adjustment shall be public. The board of adjustment 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 immediately be filed in the office of the county planning and zoning commission, and on due cause shown.
D. Findings Of Fact And Conclusions Of Law: The board of adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this chapter.
E. Majority Vote Of Members: The concurring vote of a majority of the members of the board of adjustment shall be sufficient to reverse any order, requirement, decision, or determination of the county planning and zoning commission or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect variation in this chapter. (Ord. 16, 6-12-1978; amd. 2011 Code)