(a) The Zoning Board of Appeals shall consist of five (5) members appointed by majority vote of City Council.
(b) When the terms of the individual members of the Board expire, with not more than three (3) terms expiring in any one year, the City Council shall appoint a successor for a three (3)-year term from the date of expiration of the original member's term.
(c) All members shall be registered voters of the City and shall be citizens of the United States, provided that no employee of or contractor for the City may serve simultaneously as a member of the Board.
(d) One (1) regular member shall be appointed from the membership of the Planning Commission, and one (1) regular member may be a member of the Council, but shall not serve as chairperson. The Board and the Commission shall, at all times, have one (1) member in common.
(e) After the initial appointment, each member shall hold office for a period of three (3) years or until his or her successor is appointed, except for members serving because of their membership on the Planning Commission or Council, and then the term shall be limited to the time they are members of those bodies. The Council may appoint a member to the ZBA for a term of less than three (3) years to provide for staggered terms. The Council shall appoint a successor within one (1) month after the term of the preceding member has expired. Vacancies for unexpired terms shall be filled for the remainder of the term.
(f) Members may be removed by the Council for misfeasance, malfeasance, or nonfeasance in office upon written charges and after a public hearing. A member shall disqualify himself or herself from a vote in which they have a conflict of interest Failure to disqualify oneself from a vote in which there is a conflict of interest constitutes malfeasance in office.
(g) The Council may appoint not more than two (2) alternate members for the same term as regular members of the Board. An alternate member may be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of a conflict of interest. The alternate member having been appointed shall serve in the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the Board.
(Res. 98-529A. Passed 12-21-98; Res. 08-24A. Passed 1-28-08; Res. 08-363A. Passed 11-17-08, Eff. 12-3-08.)