(B) The Board shall organize annually to elect a chairperson, a vice-chairperson, and a secretary. It shall further adopt rules for its own government not inconsistent with the Zoning Code, the Charter of the city, general law, or any other ordinance of the municipality to carry into effect the provisions of this chapter.
(C) Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board shall determine. The chairperson, or in his or her absence, the vice-chairperson, may administer oaths and the Board may compel the attendance of witnesses. All Board meetings shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if a member is absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Planning Department within 72 hours after each meeting, examination, or other official action. A court stenographer shall take the verbatim testimony of all persons testifying at a zoning hearing, which shall be available to any party upon paying the cost thereof to the court stenographer. In event of appeal, the transcript shall be made for the Board by the court stenographer and shall be taxed to the applicant as part of the costs in the appeal.
(D) Four members of the Board shall constitute a quorum. The Board shall act by resolution, and the concurring vote of a majority of the members of the Board present shall be necessary to reverse any order of determination of the Planning Director or to grant any variance from the requirements of this chapter.
(E) If any member of the Board shall be an owner, part owner, partner, or shareholder of an owner, part owner, tenant, or optionee of any premises for which an application is pending before the Zoning Board of Appeals for variance or by way of appeal or shall be financially interested in the sale or development of any such property, they shall not serve on the Board in making any determination with respect to such property.
(F) The Board may call upon the various departments of the municipality for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
(G) The Board shall fix a reasonable time for the hearing of an appeal or for the hearing on any application on which the Board has original jurisdiction.
(H) Notice of the hearing on an appeal, or on any application for variance or exception shall be given by publishing once in a newspaper of general circulation in the city at least five days prior to the hearing, and by posting in accordance with the administrative code. Notice in writing shall be sent by first class mail mailed at least ten days before the hearing to the owner of the property for which the certificate, variance, or exception was requested, to all adjoining property owners, and to the applicant or appellant. A notice that an appeal or application for a variance or exception is pending shall be displayed on the property before the hearing.
(I) The hearing of the Board shall be public. The Board may go into executive session for discussion but must take all official action in public.
(J) On the day for hearing an application or appeal, the Board may adjourn the hearing to permit the obtaining of additional information or to cause such further notice as it deems proper to be served upon such other property owners or parties in interest it decides may be substantially interested in the application or appeal. In the case of an adjourned hearing, persons previously notified, and persons already heard need not be notified of the time of the resumption of the hearing unless the Board so decides.
(Ord. 9098, passed 6-12-2023)