(a) Establishment of Board. A Board of Zoning Appeals is hereby created and shall have all the powers and duties prescribed by law and by this UDO.
(b) Powers and Duties. The Board of Zoning Appeals shall have the following powers:
(1) The Board shall have the power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of this UDO.
(2) The Board shall have the power to authorize, upon appeal, in specific cases, area variances from the terms of the UDO.
(3) The Chairman or Acting Chairman may administer oaths and the Board may compel the attendance of witnesses in all matters coming within the purview of the Board.
(4) The Board of Zoning Appeals shall have no authority to permit or allow a use of land that is not otherwise permitted or allowed by the provisions of this UDO.
(c) Members.
(1) Appointment. The Board of Zoning Appeals shall consist of five (5) members appointed by Council. The members shall be residents of the incorporated area of the City. Two members of the Board shall be members of the Planning Commission.
(2) Terms. The terms of the appointed members shall be three years, except that, terms of the five (5) members first appointed shall be staggered, such that one shall be appointed for a term of one year, two for two years, and two for three years. Members may be appointed to successive terms without limitation. Each member shall serve until his successor is appointed and qualified.
(3) Vacancy. Vacancies shall be filled by appointment of Council and shall be for the unexpired term.
(4) Removal. Members may be removed by City Council at any time for failure to attend three (3) consecutive meetings or for failure to attend thirty (30) percent or more of the meetings within any twelve (12) month period or for any other good cause related to performance of duties. Upon request of the member proposed for removal, City Council shall hold a hearing on the removal before it becomes effective.
(d) (1) Officers. At its first meeting of each year, the Board shall elect a Chairman and a Vice-Chairman from its membership. Vacancies in these offices may be filled for the unexpired terms in similar fashion. Officers shall serve for terms of one (1) year. Officers may take part in all deliberations and vote on all issues. The City Manager shall designate administrative staff to serve as secretary for the Commission.
(e) Meetings. The Board shall meet at the call of its Chairman and at such other times as it may determine.
(1) Procedures. The Board of Zoning Appeals shall adopt rules necessary to the conduct of its affairs and hold meetings in keeping with the provisions of the Charter and this Unified Development Ordinance. All meetings of the Board shall be open to the public.
(2) Quorum. Three members of the Board shall constitute a quorum at all meetings.
(3) Voting. A concurring vote of three (3) members shall be necessary to affect an order, take action, make decisions or act on any authorization.
(4) Records. 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 such fact, and shall keep records of its examinations and other official actions all of which shall be immediately filed in the office of the City Clerk and shall be a public record.