The following shall apply to the organization and procedures of the Board of Zoning Appeals:
A. Appointment.
The Board shall be composed of five (5) electors of the City. Members shall be appointed by the Mayor for a period of five (5) years. The terms shall be arranged so that the term of one member shall expire each year. Should any vacancy on the Board occur for any reason, the Mayor shall appoint a successor to serve the unexpired term. The Mayor shall have the right to remove any members of the Board with due cause.
B. Organization and Rules.
The Board shall organize annually and elect a Chairperson, Vice-chairperson and secretary from its membership. The secretary need not be a member of the Board. The Board shall adopt such procedural rules as may be necessary to carry into effect the provisions of this Zoning Code and to exercise the powers and jurisdiction conferred upon it by this Code.
1. The Chairperson shall preside at all meetings of the Board. He or she shall decide on all points of order and procedure unless otherwise directed by a majority of the Board. The Chairperson may appoint committees deemed necessary to carry out the business of the Board. The Chairperson may administer oaths and compel the attendance of witnesses as necessary to carry out the business of the Board. The Chairperson's signature shall be the official signature of the Board and shall appear on all decisions as directed by the Board.
2. The Vice-chairperson shall serve in the absence of the Chairperson and shall have all the powers of the Chairperson during his or her absence, disability or disqualification.
3. The secretary shall keep minutes of all meetings and shall be responsible for all official correspondence of the Board.
C. Meetings.
Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. All meetings shall be open to the public.
D. Voting.
All actions of the Board shall be taken by resolution, the vote of each member being recorded. Three members of the Board shall constitute a quorum to do business. A concurring vote of three (3) members shall be necessary to grant variances from the strict letter of this Code or to reverse any other order, requirement, decision or determination of the Building Inspector. No member of the Board shall vote on any matter in which he or she is personally or financially interested.
E. Minutes and Records.
The secretary of the Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be certified correct and filed in the City Hall and shall be a public record.
F. Witnesses and Oaths.
The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths and compel testimony and the production of books, papers and other evidence pertinent to any issue before the Board.
G. Department Assistance.
The Board may call on all City departments for assistance in the performance of its duties, and it shall be the duty of such departments to render assistance to the Board as may be required. In addition, the Department of Community Development staff may make an analysis and present a report on any matter before the Board. Such report shall be considered by the Board at the time of hearing on the matter.
H. Alternate members of the Board.
The Mayor may appoint up to three alternate members to the Board, each for a term of five years. An alternate member shall take the place of an absent regular member at any meeting of the Board, according to procedures prescribed by the Board. An alternate member shall meet the same qualifications and criteria for appointment as a regular member. When attending a meeting in the place of an absent member, the alternate member is authorized to vote on any matter upon which the absent member is authorized to vote.
(Ord. 98-176. Passed 8-3-98; Ord. 2017-162. Passed 11-20-17.)