(A) A Board of Adjustment shall be established before the county zoning ordinance shall be legally enforced. The Board established shall consist of three, five or seven citizen members, two of whom may be citizen members of the Planning Commission from the appropriate jurisdiction. A CITIZEN MEMBER means any member of the Planning Commission or Board of Adjustment who is not also an elected or appointed official or employee of the county. The term of office for members of the Board shall be four years, but the term of office of members first appointed shall be staggered so that a proportionate number serve one, two, three and four years respectively. One year appointments shall be made in May of each year by the Judge/Executive. Vacancies on the Boards shall be filled within 60 days by the respective legislative body. If the Judge/Executive fails to act within that time, the Planning Commission shall fill the vacancy. When a vacancy occurs other than through expiration of the term of office, it shall be filled for the remainder of that term.
(B) All members of the Boards shall, before entering upon their duties, qualify by taking the oath of office prescribed by § 228 of the Constitution of the Commonwealth before a judge, county judge/executive, notary public, clerk of a court or justice of the peace of the county.
(C) Reimbursement for expenses or compensation or both may be authorized for members of the Board.
(D) Any member of the Boards may be removed by the appointing authority for inefficiency, neglect of duty, malfeasance or conflict of interest. The appointing authority, who exercises the power to remove a Board member, shall submit a written statement to the Planning Commission setting forth the reasons for removal and the statement shall be read at the next meeting of the Board of Adjustment. The member so removed shall have the right of appeal to the Circuit Court of the county.
(E) The Boards shall annually elect a Chairperson and Vice Chairperson and any other officer it deems necessary. Any officer shall be eligible for re-election at the expiration of his or her term.
(Ord. passed 1-11-2005)