12-103: DESIGNATION OF ZONING COMMISSION 1 :

The municipal planning commission is hereby designated as the zoning commission in accordance with the law of the state. (Ord. 1287, 7-12-1988)

 

Notes

1	1. 11 OS §§ 43-101 - 43-109.

12-103.1: CONTINUANCE IN EFFECT OF ALL RULES, REGULATIONS OF MAPC:

The rules, regulations, policies, ordinances and procedures adopted by the city or the metropolitan area planning commission, as applicable within the corporate limits of the city, including, but not limited to, sections 12-120 through 12-823 of this part, otherwise known, as the land development code, shall continue in full force and effect. (Ord. 1287, 7-12-1988)

ARTICLE B. BOARD OF ADJUSTMENT

12-120: CREATION AND PROCEDURES; BOARD OF ADJUSTMENT ESTABLISHED:

There is hereby created a board of adjustment consisting of five (5) members, citizens of the city, appointed by the mayor and confirmed by the council, each to be appointed for a term of three (3) years and until such time as their successors (new) members have been confirmed by the city council and sworn in. Not less than two (2) members shall be appointed from the membership of the planning commission. Vacancies shall be filled for the unexpired terms of any members whose term becomes vacant. Members may be removed for cause by the city council upon written charges and allowing an opportunity for hearing. (Ord. 1538, 10-23-2001)

12-121: MEETINGS AND RULES:

   A.   The board of adjustment shall elect one of its members as chairman to serve a term of two (2) years. The board shall adopt rules in accordance with the provisions of this chapter. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. The board of adjustment shall be subject to the open meeting laws of the state, and all meetings, deliberations and voting of the board shall be open to the public. The board shall keep the minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such facts, and shall keep records of all official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

   B.   The concurring vote of three (3) members of the board is necessary to reverse any order, requirement, decision, determination of any administrative official, or to decide in favor of the applicant on any matter upon which the board required to pass under any ordinance or to effect any variation as provided in this chapter. (Prior code § 16-46)