(A) Creation. Under the provisions of state law, an Area Board of Zoning Appeals is hereby created. The Board of Zoning Appeals as heretofore established is hereby continued and shall be maintained as to membership in accordance with such statute.
(B) Jurisdiction and authority. The Board of Zoning Appeals is hereby vested with the following jurisdiction and authority:
(1) To hear and decide appeals from and review any provision of this chapter or amendments thereto invalid, such judgments shall not affect any other provisions of this chapter or amendment thereto, not specifically included in said judgment;
(2) To hear and decide all applications for variances from the terms provided in this chapter in the manner prescribed by and subject to the standards established herein;
(3) To hear and decide all applications for special uses in the manner described by and subject to the standards established herein; and
(4) To hear and decide all matters referred to it or upon which is required to pass under this chapter, as predescribed by state law, as amended.
(C) Meeting and rules. All meetings of the Board of Zoning Appeals shall be held at the call of the Chairperson, and at such times as the Board may determine. All hearings conducted by said Board shall be open to the public. Any person may appear and testify at a hearing either in person or by authorized agent or attorney. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indication such facts, prepare findings and keep records of its hearing and official actions. A copy of every rule or regulation, order, requirement, decision or determination of the Board shall be filed in the office of the Zoning Enforcement Officer, and shall be a public record. The Board shall adopt its own rules and procedures, not in conflict with this chapter or with applicable state statutes, and select or appoint such officers as it deems necessary.
(D) Finality of decision of the Board of Zoning Appeals. All decisions and findings of the Board of Zoning Appeals after a hearing, shall, in all instances, be final administrative decisions and shall be subject to judicial review.
(Ord. passed 9-1-2006)