(a) Membership. The Zoning Board of Appeals shall consist of five (5) members, who shall include the Safety Service Director and four (4) residents of the City, who shall be appointed by the Mayor, subject to approval by the majority of the members of Council. To the extent possible, Zoning Board of Appeals members should represent different geographical areas of the City and varied occupational or professional fields, including at least one of the following areas of experience:
(1) Licensed Building Contractor
(2) Representatives with proven or demonstrated expertise in either Real Property, Real Estate Appraisal, Real Estate Law, Land Use Planning, Municipal Zoning, Architecture, City Planning, or Land Development, as well as construing municipal zoning language and codes and its impact on land use applications.
(b) Those members appointed to this Board shall be appointed for a term of six (6) years, except that of the five (5) appointed initially, the terms shall be staggered for six (6), four (4), and two (2) years. Any member of the Zoning Board of Appeals may be removed, with or without cause, by the Mayor. Any vacancies occurring during the term of any member of the board, shall be filled in a manner authorized for an original appointment.
(c) Procedures.
(1) Meetings of the Board shall be held monthly when there is business to transact. There shall be a fixed place of meeting and all meetings shall be open to the public. The Board shall adopt its own rules of procedure and keep a record of its proceedings, showing the action taken and the vote of each member upon each question considered. The presence of three (3) members shall constitute a quorum and be necessary to conduct business. A vote of a majority of the members of the entire Board is necessary to approve or make any recommendation.
(2) The Board may adopt policies and interpretations to be followed in enforcing the Zoning Ordinance.
(d) Powers and Duties.
(1) The Board shall hear and decide appeals de novo and review an appeal when it is alleged that there is an error in any order, requirement, decision, or determination made by any official relating to the enforcement of the Zoning Ordinance.
(2) The Board shall hear and decide other matters referred to it under the provisions of this Zoning Ordinance.
(3) Where, because of exceptional circumstances, the strict application of provisions of this Zoning Ordinance would cause undue hardship or exceptional practical difficulty upon the owner of a property, the board may authorize a variance from the terms of this Ordinance as will not be contrary to the public interest, so that the spirit of this Ordinance shall be observed and substantial justice done.
(Ord. 4-21. Passed 1-4-21.)