(A) There is hereby created a Board of Adjustment to have and exercise the following powers:
(1) To hear and decide appeals from any order, requirement, decision, or determination made by the County Manager in the enforcement of this subchapter;
(2) To hear and decide special exceptions to the terms of this subchapter upon which the Board of Adjustment under the regulations may be required to pass; and
(3) To hear and decide specific variances.
(B) The Board of Adjustment shall consist of five members appointed by the Board of Commissioners and each shall serve for a term of three years and until a successor is duly appointed and qualified.
(C) (1) The Board of Adjustment shall adopt rules for its governance and in harmony with the provisions of this subchapter.
(2) Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at any other times as the Board of the Adjustment may determine.
(3) The Chairperson, or, in the absence of the Chairperson, the Acting Chairperson may administer oaths and compel the attendance of witnesses.
(4) All hearings of the Board of Appeals shall be public.
(5) 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 County Clerk and on due cause shown.
(D) The Board of Adjustment shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from the facts in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this subchapter.
(E) 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 County Manager or decide in favor of the applicant on any matter upon which it is required to pass under this subchapter, or to effect variation to this subchapter.
(Ord. passed 11-5-2001)