(A) There is hereby created a Board of Appeals (also referred to as the “Board” under this section), which may, at the discretion of the Council, be one and the same as the Board of Adjustments and Appeals created under the City Zoning Ordinance.
(B) Unless the Council elects to act as the Board of Appeals pursuant to Chapter 195 of the City Code, the Board shall consist of 3 members; each shall be appointed by the Mayor with the approval of the Council by majority vote. The term of each member of the Board shall be for 3 years; however, the first appointment shall be for 1, 2, and 3 year terms. One member of the Board shall be a member of the City Planning Commission. All members shall be residents of the city. No persons shall be eligible for or serve on the Board who is an elected city official or regularly employed by the city.
(C) The Board shall make no decision on an appeal or petition until and unless the Planning Commission has had a reasonable opportunity, not to exceed 60 days to review and report to the Board upon an appeal or petition.
(D) The meetings of the Board shall be held at the call of the chairman and at such other times as the Board in its rules of procedure may specify.
(E) The Board of Appeals shall act upon all questions as they may arise in the administration of these subdivision regulations, and it shall hear and decide appeals from any order, requirement, decision, or determination made by an administrative official or body charged with or given the discretion under the provisions of this chapter. The appeal may be taken by any person aggrieved by a decision arising out of the implementation or enforcement of this chapter, or by any officer, department, board, or bureau of a town, municipality, county, or state.
(F) Hearings by the Board of Appeals shall be held within such time and upon such notice to interested parties as is provided in its adopted rules for the transaction of its business. The Board shall, within a reasonable time, make its order deciding the matter or question before it and shall serve a copy of such order upon the appellant or petitioner by mail. Any party may appear at the hearing in person or by agent or by attorney.
(G) The Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination on appeal as in its opinion ought to be made in the premises and to that end and shall have all the powers of the officer from whom the appeal was taken including the issuance of a permit. The reasons underlying all decisions of the Board shall be stated in particular.
(H) A decision of the Board shall not be final and any person having an interest affected by such decision shall have the right to appeal a decision of the Board to a court of competent jurisdiction in the county in which the land is located on questions of law and fact.
(Ord. 2011-06-07A, passed 6-7-2011)