(A) Establishment. The Board of Adjustment shall consist of five members appointed by the city and McLeod County. Each member shall be at least a two-year resident of the four governmental areas pertaining to and affected by this chapter and each shall serve for a term of three years and until his or her successor is duly appointed and qualified. Upon their appointments, the members shall be removable by the city and McLeod County for cause, upon written charges, after a public hearing.
(B) Powers. The Board of Adjustment shall have and exercise the following powers:
(1) To hear and decide appeals from any order, requirement, decision or determination made by the Airport Compliance Zoning Administrator in the enforcement of this chapter;
(2) To hear and decide special exceptions to the terms of this chapter upon which the Board of Adjustment under these regulations may be required to pass; and
(3) To hear and decide specific variances.
(C) Procedures.
(1) The Board of Adjustment shall adopt rules for its governance and procedures in harmony with the provisions of this chapter. Meetings of the Board of Adjustment shall be held at the call of the Chair and at other times as the Board of Adjustment may determine. The Chair, or in his or her absence the Acting Chair, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment 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 examinations and other official actions, all of which shall immediately be filed in the office of the Airport Zoning Compliance Administrator and shall be a public record.
(2) The Board of Adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from those facts in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this chapter.
(3) The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of the Airport Zoning Compliance Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation from this chapter.
(2004 Code, § 151.61) (Ord. passed 1-12-1984; Ord. 20-819, passed 8-18-2020)