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(A) General. A Zoning Board of Appeals (also referred to hereafter as “ZBA”) is hereby established, having the powers authorized by the Zoning Act, as amended, and in accordance with the City Charter.
(B) Membership. The ZBA shall consist of five members appointed by the City Council, one of whom may be a member of the Planning Commission, and two alternate members.
(1) Members shall be appointed for a term of three years; except that, the terms for the Planning Commission members shall be the same as that for their office.
(2) All vacancies for unexpired terms shall be filled for the remainder of the term.
(D) Alternates. The City Council shall appoint two alternate members to serve on the ZBA, appointed by the City Council to serve a three-year term. The alternate members shall have the same voting rights as a regular member of the ZBA and shall:
(1) Sit as regular members of the ZBA in the absence of a regular member or for the purpose of reaching a decision on a case in which the regular member has abstained due to conflict of interest; and
(2) Once an alternate has been called to serve in a particular case, he or she shall continue to participate in that case until a decision has been rendered.
(E) Removal. Members of the ZBA or alternates shall be removable by the City Council for malfeasance, misfeasance or non-feasance in office, upon filing of written charges and after a public hearing.
(F) Conflict of interest. A member shall disqualify themselves from a vote in which the member has a conflict of interest. Failure of a member to disqualify themselves from a vote in which the member has a conflict of interest constitutes malfeasance in office. Any Planning Commissioner or City Council member on the ZBA shall abstain from any vote on an issue which they have previously voted upon as a member of the Planning Commission. ZBA members shall also follow the city’s adopted Ethics and Conflict of Interest Policy, as amended.
(Prior Code, § 5.175) (Ord. 795, passed 11-5-2018)