1109.01  BOARD OF ZONING APPEALS.
   (a)   Creation.  There is established a Board of Zoning Appeals which shall consist of five voting members and one non - voting member. 
      (1)   The five voting members shall be the appointment of the Mayor.
      (2)   The one non - voting member shall be a member of council and appointed by the president of council.
   (b)   Appointment and Terms.  Those members first appointed by the Mayor and Planning Commission shall serve for terms of one, two, three, and four  years respectively; thereafter, appointments shall be for five-year terms, beginning January 1. The appointment by Council shall be during his or her elected term. Each member shall serve until a successor is appointed and qualified.  Each member shall be a resident of the City.  Members of the Board shall be removable for nonperformance of duty, misconduct in office, or other cause, by Council, after a public hearing has been held regarding the charges, a copy of the charges having been served upon the member so charged at least ten days prior to the hearing, either personally or by registered mail, or by leaving the same at his usual place of residence.  The members shall be given an opportunity to be heard and answer the charges.
   (c)   Organization and Procedure.  The Board shall organize annually to elect a Chairperson and Vice-Chairperson.  The Secretary of the Board shall be the Zoning Inspector. It shall further adopt rules for its own government not inconsistent with law or with any other ordinances of the City to carry into effect the provisions of this Zoning Code.
      (1)   Meetings of the Board shall be held at least monthly unless there is no business to come before the Board, and at other times as the Board may determine. The Chairperson, or in his absence, the Vice-Chairperson, may administer oaths, and the Board may compel the attendance of witnesses.  All meetings of the Board shall be open to the public. 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 that fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the Zoning Inspector and shall be a public record.
      (2)   Three members of the Board shall constitute a quorum.  The Board shall act by motion, and the vote of three members of the Board shall be necessary to reverse any order or determination of the Zoning Inspector, or to decide in favor of any applicant any matter of which the Board has original jurisdiction under this Zoning Code, or to grant any variance from the requirements stipulated in this Zoning Code.
      (3)   The Board may call upon the various departments of the City for assistance in the performance of its duties, and it shall be the duty of departments to render such assistance to the Board as may be required.
   (d)   Duties.   The Board shall have the authority and responsibility to hear and decide the following.
      (1)   Appeals from decisions made by the Zoning Inspector where it is alleged that there is an error in any order, requirement, decision, interpretation, or determination (see Section 1109.02).
      (2)   Variances from the terms of this Zoning Code as will not be contrary to public interest where, owing to special conditions, a literal enforcement of this Zoning Code will result in unnecessary hardships and so that the spirit of this Zoning Code shall be observed (see Section 1109.02).
      (3)   Permits for home occupations and conditional uses may be authorized where the proposal is in compliance with the criteria identified in Section 1109.03 and Chapter 1143 and, where applicable, as are more specifically identified throughout this Zoning Code, and where such additional conditions and safeguards can be specified as will uphold the intent of this Zoning Code.
      (4)   The Board has appellate jurisdiction relative to appeals and variances, and they have original jurisdiction on applications for conditional use and home occupation permits.
   (e)   Duties of Zoning Inspector and Board of Zoning Appeals on Matters of Appeals.
      (1)   It is the intent of this Zoning Code that all questions of interpretation and enforcement shall be first presented to the Zoning Inspector, and that these questions shall be presented to the Board only on appeal from the decision of the Zoning Inspector.
      (2)   Any person of the City who has been aggrieved or affected by any decision of the Board may appeal such decision in the manner provided by law.
   (f)   Fees.  As established in Section 1107.06, the fees shall be set by City Council.  The current fee schedule is available for examination in the office of the Zoning Inspector.
      (1)   The fee is part of and accompany the application.
      (2)   Fees are not reimbursable.