(a) Membership and Terms. The Board of Zoning Appeals shall consist of five (5) members appointed by Council. Council shall designate one (1) member as Chairperson. The Chairperson shall be a qualified person who has experience or background in dealing with zoning concepts, zoning laws and procedures. Members shall be paid a monthly salary as determined by Council.
(1) The term of office of the members of the Board of Zoning Appeals shall be for five (5) years, excepting that the five (5) members first appointed shall serve respectively for terms of: one (1) for five (5) years, one (1) for four (4) years, one (1) for three (3) years, one (1) for two (2) years, and one (1) for one (1) year. Thereafter, members shall be appointed for terms of five (5) years each beginning January 1. Vacancies shall be filled for the unexpired term of the member whose place has become vacant.
(2) The appointing authority shall have the power to remove any member of the Board of Zoning Appeals for cause and after public hearing.
(3) All members of the Board of Zoning Appeals shall be residents of the City of Fremont.
(4) If any member of the Board of Zoning Appeals is absent for three (3) consecutive meetings, such member may be considered, at the option of the Chairperson, to have resigned, and the Chairperson may request Council to appoint a replacement.
(b) Organization and Procedure. The Board shall organize annually to elect a Vice-Chairperson. It shall further adopt rules for its own governance including voting procedures not inconsistent with law or any other ordinance of the City to carry into effect the provisions of this Zoning Ordinance.
(1) Meetings of the Board shall be open to the public and the media notified.
(2) Three (3) members of the Board shall constitute a quorum. The Board shall act by resolution and the concurring vote of three (3) 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 or to grant any variance from the requirements stipulated in this Zoning Ordinance.
(3) The Board may call upon the various 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 required.
(c) Duties. The Board duties are as follows:
(1) To consider appeals from the decisions made by the Zoning Inspector or other administrative official, where it is alleged that there is an error in any order, requirement, decision, interpretation or determination.
(2) To grant variances from the terms of this Zoning Ordinance that maintain its intent and will not be contrary to public interest where, owing to special conditions, a literal enforcement of this Zoning Ordinance will result in unnecessary hardships and so the spirit of this Zoning Ordinance shall be observed.
(3) To authorize permits for home occupations and conditional uses where the proposal is in compliance with the criteria identified throughout this Zoning Ordinance, and where such additional conditions and safeguards can be specified as will uphold the intent of this Zoning Ordinance.
(4) To assume appellate jurisdiction relative to appeals and variances, and original jurisdiction on applications for conditional uses and home occupations.
(5) To provide, as requested by the Zoning Inspector, input and/or recommendations concerning the interpretation of the administrative requirements and enforcement procedures of this Zoning Ordinance.
(6) To cause a record to be made of all its proceedings, setting forth the reasons for its decisions. Such record, immediately following the Board's decisions, shall be filed in the offices of the Board and Planning Commission, and shall be open to the public.
(7) To issue cease and desist orders and to issue tear down notices.
(Ord. 2020-4053. Passed 1-7-21.)