(A) Creation and appointment. The Board of Zoning Appeals is established as authorized under this chapter and as provided by Tenn. Code Ann. § 13-7-205.
(1) Membership and term of office. The Board of Zoning Appeals shall consist of five members, not more than one of whom shall be members of the Collierville Planning Commission. They shall be appointed by the Mayor of the Town of Collierville and confirmed by a majority vote of the Board of Mayor and Aldermen. The terms of membership shall be one year and shall expire on December 31 of each calendar year, except that the terms of those members serving on the Board at the time of adoption of this chapter shall be permitted to serve the remainder of their unexpired term after which time persons appointed to that respective position shall serve a one year term. Members may be reappointed to serve more than one year upon appointment and confirmation by a majority vote of the Board of Mayor and Aldermen. Members shall be removed from membership for three or more absences from regular scheduled meetings in a consecutive 12-month period. A member may be removed from membership by a majority vote of the Board of Mayor and Aldermen.
(2) Vacancies. Vacancies shall be filled for an unexpired term by appointment by the Mayor and confirmation by the Board of Mayor and Aldermen.
(3) Appointment of special members to fill temporary vacancies. The Mayor may, with the concurrence of a majority of the Board, appoint special members to the Board of Zoning Appeals to fill temporary vacancies at any regular scheduled or special called meeting to insure that a quorum is present. The special appointments shall be in writing signed by the Mayor, stating the date of the meeting(s), not to exceed two, for which the appointment is to be effective.
(4) Compensation and removal. All members of the Board shall serve with such compensation as may be fixed by the Board of Mayor and Aldermen.
(B) Powers of the Board of Zoning Appeals.
(1) The Board of Zoning Appeals is vested with the powers to:
(a) Hear and decide appeals from any order, requirement, decision or determination made by any Town official charged with the responsibility of enforcing the provisions of this chapter, whereby it is alleged in writing that such official is in error or has acted in an arbitrary manner. An appeal shall be filed with the Planning Division not later than 30 calendar days from the date of any written order, requirement, decision, or determination made by a Town Official charged with the responsibility of applying and enforcing the provisions of this chapter;
(b) Hear and act upon application for variances, including those parcels located within approved Planned Unit Developments, in accordance with § 151.309, to alleviate hardships by virtue of the inability of the landowner to comply strictly with the provisions of this chapter by reasons of unique shape, topography or physical features of the property, provided that relief to the applicant may be granted without substantial detriment to the public good and without substantially impairing the intent of this chapter;
(c) Hear and decide all matters referred to it on which it is required and authorized to act under this chapter;
(d) To hear and decide, in accordance with the provisions of this chapter, a request for interpretation of the Zoning Code or Official Zoning Map of the Town of Collierville; and
(e) To call on any department for assistance in its duties; and it shall be the duty of such department(s) to render all such assistance as may be reasonably required.
(2) The Board of Zoning Appeals, in either approving, granting or denying a conditional use, variance, or otherwise when proper, will consider whether or not the approval will impair an adequate supply of light and air to adjacent property, unreasonably increase the traffic congestion within public streets, increase the danger of fire and endanger public safety, or in any other way impair the public health, safety, comfort or welfare of the inhabitants of the Town. Such consideration further may relate to screening, landscaping, location or other conditions necessary to protect property in the vicinity of the subject site.
(3) In the Board of Zoning Appeals' evaluation of whether to approve, grant or deny a conditional use, variance or otherwise, it may consider whether adequate public facilities and services are available in the applicable area and whether existing public infrastructure, including but not limited to road existence, road width, sewage treatment capacity, water treatment capacity, or utility capacity, is not yet, or will not be, adequate to serve the applicable area.
(C) Election of officers. The Board shall elect from its members its own Chair, Vice-Chair and Secretary who shall serve for one year and may upon election serve succeeding terms.
(D) Conflict of interest. Any member of the Board who shall have a direct or an indirect interest in any property which is the subject matter of or will be affected by a decision of the Board shall be disqualified from participation in the discussion, decision and proceedings of the Board in connection therewith. The burden of revealing any such conflict rests with individual members of the Board. Failure to reveal any such conflict shall constitute grounds for immediate removal from the Board.
(E) Meetings of the Board. Meetings shall be held at the call of the Chair and at such other times as the Board may determine. The Chair, or in his or her absence, the Vice-Chair, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public and proper public notice of such meetings shall be given.
(F) Rules and proceedings of the Board. The Board shall adopt rules for the conduct of its meetings. The rules shall, at a minimum, require that:
(1) The presence of three members shall constitute a quorum and the concurring vote of at least two members of the Board shall be necessary to deny or grant any application before the Board;
(2) No action shall be taken by the Board on any case until after a public hearing and notice thereof has been provided. The notice of public hearing shall be published in a newspaper of general circulation to the Town of Collierville at least ten days before the date set for a public hearing. A written notice of the hearing shall be sent by mail to the appellant and all affected property owners located within 300 feet of the subject parcel on all sides at least ten days before the hearing. The notice to the appellant shall be sent by certified mail;
(3) The Board may call upon any other office or agency of the Town government for information in the performance of its duties and it shall be the duty of such other agencies to render such information to the Board as may be reasonably required;
(4) The Collierville Planning Commission shall be permitted, if the request to the Board is made in writing, to submit an advisory opinion on any matter before the Board and such opinion shall be made part of the record of such public hearing;
(5) Any officer, agency or department of the Town of Collierville or other aggrieved party may appeal any decision of the Board to a court of competent jurisdiction as provided for by state law;
(6) In any decision made by the Board on a variance, the Board shall:
(a) Indicate the specific section of this subchapter under which the variance is being considered and shall state its findings beyond such generalities as interest of public health, safety and general welfare;
(b) In cases pertaining to hardship, specifically identify the hardship warranting such action by the Board;
(7) Requests will be assigned for hearing in the order in which they appear on the calendar thereof, except that requests may be advanced for hearing by order of a majority of the Board, good and sufficient cause being shown;
(8) During the public hearing of the case before the Board, the applicant shall be entitled to be heard or may be represented by counsel or agent. The applicant’s side of the case shall be heard first and those in objection shall follow. To maintain orderly procedure during meetings, each side shall proceed without interruption from the other.
(`00 Code, § 11-1004) (Ord. passed 5- -02; Am. Ord. 2006-04, passed 4-24-06; Am. Ord. 2008-20, passed 11-10-08; Am. Ord. 2009-08, passed 6-22-09)