(A) The City Council shall, through the passing of this chapter, provide for the establishment of a Board of Adjustment. The Board of Adjustment shall consist of three members appointed by the City Council as follows: two members of the Planning Commission, one of which shall be the Chairperson; and one member selected by the City Council from its own membership. The Fire Chief shall be an ex-officio member of the Board of Adjustment. The members of the Board of Adjustment shall serve for a term of one year beginning January 1 and until their successors are appointed. The members of the Board of Adjustment may be paid their necessary expenses in attending the meetings of the Board and in the conduct of the business of the Board. The Zoning Administrator shall serve as chairperson.
(B) The Board of Adjustment shall adopt rules for the transaction of its business and such rules may include provisions for the giving of oaths to witnesses and the filing of written briefs by the applicants. The Board shall provide a public record of its proceedings, which shall include the minutes of its meeting, its findings and the action taken on each matter heard by it, including the final recommendation. The meeting of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board in its rules of procedure may specify.
(C) A majority vote of two-thirds of the full Board of Adjustment shall be required to reverse any decision of the Zoning Administrator in the interpretation of this chapter. An appeal from the ruling of the Zoning Administrator of the city made by the property owner or his or her agent within 30 days after the making of the order appealed from shall be considered by the Board of Adjustment. The procedure for making such an appeal shall be as follows: the property owner or his or her agent shall file with the Zoning Administrator a notice of appeal stating the specific grounds upon which the appeal is made. The Board of Adjustments shall make its recommendation by resolution within 30 days and a copy of the resolution shall be mailed to the applicant by the Zoning Administrator and provided to the City Council for review.
(Prior Code, § 519.060) (Ord. passed 10-8-2003)