(A) Establishment. The Board of Zoning Appeals shall consist of seven members as established by the Charter, and appointed by Council as set forth within the Code of Ordinances. The members shall be appointed to serve for five-year terms.
(B) Powers and Duties. In general, without limiting the specific powers and duties set forth in the Charter or this Zoning Code, the Board of Zoning Appeals shall have the following powers and duties:
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by an administrative official in the administration or enforcement of this Zoning Code, unless otherwise provided in this Zoning Code.
(2) To authorize such variances from the terms of this Zoning Code, as provided herein.
(3) To resolve any disputes with respect to the precise location of a zoning district boundary, using, where applicable, the standards and criteria of § 151.01.
(4) To permit the substitution of one nonconforming use with another nonconforming use in conformance with the provisions of this Zoning Code.
(5) To authorize the restoration or repair of a nonconforming use or nonconforming building that is destroyed by any means to the extent of more than 60% of its assessed taxable value in conformance with the provisions of this Zoning Code.
(6) To adopt rules or bylaws for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of its powers.
(C) Meetings. At the first meeting of February of each calendar year, the Board shall organize and select a chairperson and a vice-chairperson. The Board shall keep a record of its proceedings. The minutes shall show the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall contain a record of its examinations and other official actions, a copy of which shall be filed as soon as practical after a meeting of the Board in the office of the zoning administrator and shall be a public record. The Board of Zoning Appeals shall meet not less than once per month at regularly scheduled meetings. All meetings of the Board shall be open to the public.
(Ord. 5-2005, passed 3-23-05)