A. A Board of Adjustment is hereby established.
B. The Board of Adjustment shall consist of either three, five, or seven members, all of whom must be citizen members and not more than two of who may be citizen members of the Planning Commission.
C. The Mayor shall be the appointing authority of the Board of Adjustment subject to the approval of the City Council.
D. The term of office for the Board of Adjustment shall be four years, but the term of office of members first appointed shall be staggered so that a proportionate number serve one, two, three, and four years respectively.
E. Vacancies on the Board of Adjustment shall be filled within 60 calendar days by the appropriate appointing authority. If the authority fails to act within that time, the Planning Commission shall fill the vacancy. When a vacancy occurs other than through expiration of the term of office, it shall be filled for the remainder of that term.
F. All members of the Board of Adjustment shall, before entering upon their duties, qualify by taking the oath of office prescribed by Section 228 of the Constitution of the Commonwealth of Kentucky before any judge, notary public, clerk of court, or justice of the peace within the district or county in which they resides.
G. Reimbursement for expenses or compensation or both may be authorized for members on the Board of Adjustment.
H. Any member of the Board of Adjustment may be removed by the Mayor, subject to the approval by the City Council, for inefficiency, neglect of duty, malfeasance, or conflict of interest. The Mayor exercising the power to remove a member from the Board of Adjustment shall submit a written statement to the Planning Commission setting forth the reasons and the statement shall be read at the next meeting of the Board of Adjustment which shall be open to the general public. The member so removed shall have the right of appeal from the removal to the circuit court of the county in which he resides.
I. The Board of Adjustment shall elect annually a chairman, vice chairman, secretary, and any other officers it deems necessary, and any officer shall be eligible for re-election at the expiration of this term.
(Ord. 2017-6, passed 4-4-17)