(A) Creation and membership. A Board of Zoning Appeals is hereby established, which shall consist of 5 members all of whom shall be residents of the city, of which three citizen members shall be appointed by the Mayor of whom 1 must be a member of the Plan Commission and 2 must not be members of the Plan Commission, 1 citizen member appointed by the Common Council who must not be a member of the Plan Commission, and 1 citizen member appointed by the Plan Commission, who must be a member of the Plan Commission other than the Plan Commission member appointed by the Mayor.
(B) Terms of office. The members of the Board of Zoning Appeals shall be appointed for terms of 4 years. The terms shall expire on January 1. The terms of the members representing the Plan Commission shall be coextensive with their term of office on the Commission. If a vacancy occurs, the appropriate appointing authority shall appoint a member for the unexpired term of the vacating member.
(C) Offices. At the first meeting of each year, the Board of Zoning Appeals shall elect a Chairperson and Vice-Chairperson from its members. The Vice-Chairperson shall have authority to act as Chairperson during the absence or disability of the Chairperson.
(D) Quorum and official action. A majority of members of the Board of Zoning Appeals shall constitute a quorum. No action shall be official, however, unless authorized by a majority of the Board of Zoning Appeals.
(E) Rules and procedures. The Board of Zoning Appeals shall adopt such rules as shall be necessary to carry out its duties as defined herein. The Board of Zoning Appeals shall keep minutes of its proceedings, keep records of its examinations and other official acts and shall record and vote on all actions taken. All minutes and records shall be filed in the Planning and Zoning Office and shall be a public record.
(F) Powers and duties. The Board of Zoning Appeals shall have the power and duty to:
(1) Hear and determine appeals from and review any order, requirement, decision or determination made by the Planning and Zoning staff charged with the enforcement of this chapter; (In exercising its power, the Board of Zoning Appeals may modify the order, requirement, decision or determination of the Planning and Zoning staff.)
(2) Hear and decide on petitions for special exceptions and conditional uses as provided for in this chapter;
(3) Hear and decide on petitions for variances from the terms of this chapter;
(4) Impose conditions on the grant of any special exception, conditional use or variance;
(5) Permit or require petitioner to make written commitments concerning the use or development of parcel(s) which are the subject of a petition; and
(6) Consider such other matters and take such further actions as may be permitted by law.
(G) Judicial review. Every decision of the Board of Zoning Appeals shall be subject to review by certiorari.
(1979 Code, § 151.231) (Ord. 4370, passed 7-20-1998)