(a) Organization. There is hereby created a Board of Zoning and Building Appeals which shall consist of five (5) members. The members of the Board shall be appointed by the Mayor with the approval of the majority of the membership of Council. Members of the Board shall hold no other Municipal office or appointment. The Mayor shall have the right, subject to the approval of two-thirds (2/3) of the membership of Council, to remove any member of the Board for cause. Members of the Board shall be appointed for a term of four (4) years commencing with appointments made after the effective date of this Charter Amendment.
(b) Officers and Regulations. The Board, annually, shall elect from among its members a Chairperson and a Vice-Chairperson. It shall appoint a Secretary who need not be a member. The Board may adopt its own rules, regulations and by-laws.
(c) Powers and Duties. The Board of Zoning and Building Appeals shall have the following duties and powers:
(1) To hear and decide appeals made from exceptions to and variations in the application of ordinances governing zoning in the Municipality, in conformity with the purpose and intent thereof, and to hear and decide appeals made for exceptions to and variations in the application of ordinances, or orders or regulations of administrative officials or agencies;
(2) To approve or disapprove materials, types of construction, appliances, devices or appurtenances proposed for use pursuant to the Building Code of the Municipality;
(3) To hear and decide appeals from, and to review upon motion of any member of the Board, any order, requirement, decision or determination of the Building Inspector or of any other administrative official or agency of the Municipality relating to the location, design, materials, construction, alteration, repair, equipment, use, occupancy, maintenance, removal or demolition of any building or other structure, or any appurtenance connected or attached to such building or structure, regulated by the Building Code of the Municipality, and any rule or regulation, or amendment or repeal thereof, made by said officials or agencies under the authority conferred upon them by the Building Code of the Municipality, by reversing or affirming, in whole or in part, or by modifying, such order, requirement, decision or determination, or rule, regulation, amendment or repeal thereof as, in its opinion, ought to be made in the premises;
(4) To exercise with respect to buildings situated in the Municipality the same powers as are exercised by the Board of Building Standards under the laws of the State to the extent that it is competent for this Charter to so authorize the Board;
(5) To formulate and submit to the Council changes in and amendments to the Building Code which the Board determines as desirable for the proper regulation of buildings and structures and the equipment thereof and appurtenances thereto in the Municipality;
(6) To do and perform such other duties and functions as may be imposed upon it by this Charter, existing ordinances or ordinances and resolutions of the Council.
(d) Funds. A sufficient sum shall be appropriated by the Council to carry out the zoning and buildings provisions of this Charter.
(Amended 11-7-72, 11-8-11, 11-6-18)