(A) Creation and membership. There is hereby established the Planning and Zoning Board of Appeals. The members of the Planning and Zoning Board of Appeals shall be appointed by the Mayor with the consent of the City Council. The Board shall consist of seven members to serve for a term of five years. One of the members so appointed shall be named as Chairperson at the time of his or her appointment. The Board shall elect from its members an acting Chairperson to act whenever the Chairperson is absent. The Chairperson and members of the Board shall serve until the expiration of their terms, or until their respective successors have been duly appointed and qualified. Vacancies shall be filled for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of such member. The amount of compensation and expenses of the Board or any member thereof shall be as provided by any appropriation ordinance.
(B) Jurisdiction. The Board is hereby vested with the following jurisdiction and authority:
(1) Hear and decide appeals from any order, requirement, decision or determination made by the Building Official under this chapter;
(2) Hear and make recommendations to the Mayor and Aldermen of the city regarding applications for variances and special use permits in the manner prescribed by and subject to the standards established in this chapter;
(3) Review and hear all applications for text and map amendments to this chapter, including pre- annexation agreements, and report said findings and recommendations to the City Council in the manner prescribed in § 165.088 of this chapter for amendments;
(4) Receive from the Building Official his or her recommendations as to the effectiveness of this chapter and report its conclusions and recommendations to the City Council not less frequently than once a year; and
(5) Hear and make recommendations to the City Council with regard to all matters referred to it or upon which it is required to pass under this chapter, or which are prescribed by the applicable provisions of state law.
(C) Meetings and rules. All meetings of the Board shall be held at the call of the Chairperson and at such times as the Board may determine. All hearings conducted by the Board shall be open to the public. Any person may appear and testify at a hearing either in person or by duly authorized agent or attorney. The Chairperson or, in his or her absence, the acting Chairperson may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, order, requirement, decision or determination of the Board shall be filed in the office of the Building Official, and shall be a public record. The Board shall adopt its own rules and procedures, not in conflict with this chapter or with applicable state law and select or appoint such officers as it deems necessary.
(Prior Code, § 166.087) (Ord. 2151, passed 6-28-1971; Ord. 2021-043, passed 9-14-2021)