(a) Membership; Removals; Vacancies. The Board of Zoning Appeals shall be composed of five members who reside in the incorporated area of the City and who shall be appointed by the Mayor. The term of all members shall be five years, with the initial terms so arranged that the term of one member shall expire each year. After a member's term expires, the member shall serve until a successor is appointed by the Mayor and approved by Council.
Members of the Board shall be removable by the Mayor for nonperformance of duty, misconduct in office or other reasonable cause, upon written charges and after a public hearing (if requested) has been held regarding such charges. A copy of the charges shall be served upon the member so charged at least ten days prior to the hearing, whether personally, by registered mail or by leaving the charges at the member's place of residence. The member shall be given an opportunity to be heard and answer such charges. Vacancies shall be filled by appointment by the Mayor and shall be for the unexpired term.
(b) Proceedings. The Board shall adopt rules that are necessary to the conduct of its affairs, in keeping with the provisions of this Zoning Code. The presence of three members shall constitute a quorum.
Board meetings shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson (or, in his or her absence, the acting Chairperson) may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board 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 be a public record and shall be immediately filed in the office of the Board.
The Board shall act by resolution, and the concurring vote of three members of the Board shall be necessary to reverse the order or determination of the Zoning Administrator, in order to decide in favor of the applicant in any matter over which the Board has original jurisdiction under this Zoning Code or in order to grant any variance from the requirements of this Zoning Code.
(c) Duties. The Board shall have the following duties:
(1) Hear and decide appeals, where it is alleged that there is an error in any order, requirement, decision, interpretation and/or determination made by the Zoning Administrator.
(2) Authorize such variances from the terms of this Zoning Code, as provided in accordance with Chapter 1244, in all zoning districts except Planned Unit Development districts.
(3) Authorize the issuance of conditional use permits in all districts except Planned Unit Development districts, when the requirements of this Zoning Code are met.
(4) Authorize the revocation of a conditional use permit, when the requirements of this Zoning Code are violated.
(5) Resolve disputes about the exact location of zoning district boundaries.
(6) Authorize the substitution of nonconforming uses, as provided by this Zoning Code.
(Ord. 186-91. Passed 10-15-92; Ord. 170-11. Passed 10-6-11.)