The establishment and procedures of the Board of Zoning Appeals shall be as follows:
(a) Appointment. A Board of Zoning Appeals is hereby established, which shell consist of five members. The five members shall be appointed by the Mayor and approved by Council and shall serve for overlapping terms of four years; provided, however, that those first appointed shall serve for terms as follows: one for one year, one for two years, one for three years, and two for four years. Subsequent appointments shall be for a full term of four years. Vacancies shall be filled by appointment for the unexpired term of the member affected. No one shall be appointed to the Board of Zoning Appeals who holds any elective or appointive office or position with the City. All Board members shall be residents of the City of Celina.
(b) Proceedings.
(1) The Board of Zoning Appeals shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of the Zoning Ordinance. Meetings shall be held at the call of the Chairman and at such other times as the Board may determine. Three members shall constitute a quorum; however, at least three affirmative votes shall be required on any official action.
(2) In any matter brought before the Board of Zoning Appeals that affects, directly or indirectly, the personal affairs of a member of the Board, or any business or profession with which he may be associated, such member shall absent himself from the meeting as long as such matter is before the Board.
(c) Minutes and Records. The Board of Zoning Appeals 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 be a public record.
(d) Appeals, Hearings. All meetings of the Board of Zoning Appeals shall be open to the public. Appeals to the Board concerning interpretation or administration of the Zoning Ordinance may be taken by any person aggrieved, or by any officer or bureau of the governing body of the City affected by any decision of the Zoning Inspector. Such appeals shall be taken within thirty days, by filing with the Board of Zoning Appeals a notice of appeal specifying the grounds thereof. The Zoning Inspector shall forthwith transmit to the Board all papers consisting of the record upon which the action appealed from was taken. A fee as established by City Council shall be paid to the Zoning Inspector at the time notice of appeal is filed.
(e) Notice of Meeting. The Board of Zoning Appeals shall fix a reasonable time for the hearing of all appeals and give notice of such hearing in a newspaper of general circulation at least seven days in advance. The same written notice shall be sent to owners of property within 150 feet of all properties in question as shown on the County Auditor's tax list, and to the parties of interest. At the hearing, any party may appear in person or by agent or attorney.
(f) Department Assistance. The Board of Zoning Appeals may call upon the various departments of the City 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.
(Ord. 26-99-0. Passed 8-23-99.)
(Ord. 26-99-0. Passed 8-23-99.)