(A) Establishment. The Board of Zoning Adjustment as constituted at the time of the adoption of this zoning code shall continue in power. The Board shall consist of five (5) members all of whom must be citizens of the city, and not more than one of whom may be a member of the Planning Commission. The Mayor shall appoint said members subject to the approval of City Council. The term of office shall be four (4) years.
(B) Proceedings.
(1) The Morehead Board of Zoning Adjustment shall conduct meetings at the call of the City Planner who shall give written notice to all members of the Board at least seven (7) days prior to the meeting. The notice shall contain the date, time, and place of the meeting, and the subject(s) which will be discussed. A simple majority of the total membership of the Board of Zoning Adjustment shall constitute a quorum.
(2) The Board of Zoning Adjustment shall adopt bylaws for the transaction of business and shall keep minutes and records of all determinations. The minutes shall reflect the number of votes for and against each question, whether any member is absent or abstains from voting, and the facts of the proceedings. After approval by the Board, a copy of the minutes shall be filed in the office of the City Planner. A transcript of the minutes of the Board of Zoning Adjustment meeting shall be provided if requested by a party, at the expense of the requesting party, and the transcript shall constitute the record.
(3) An applicant may request that the Board of Zoning Adjustment hold a special meeting for an additional fee as established in Title 15, Chapter 160
: Zoning Fees in the City's Code of Ordinances. There shall be no more than one special meeting per month and the special meeting shall be held at the discretion of the Chairperson of the Board of Zoning Adjustment or agreement of three members of the Board of Zoning Adjustment.
(C) Powers. The Board of Zoning Adjustment shall have the following powers:
(1) General powers.
(a) The Board of Zoning Adjustment shall annually elect a Chairperson of the Board. The Chairperson shall preside over the public hearings and meetings and shall have the power to administer an oath to witnesses prior to their testifying before the Board on an issue.
(b) The Board of Zoning Adjustment may employ or contract with planners or other persons as it deems necessary to accomplish its assigned duties herein.
(c) The Board of Zoning Adjustment shall have the right to receive, hold, and spend funds which it may legally receive from any and every source both in and out of the Commonwealth of Kentucky, including the United States government, for the purposes of carrying out its assigned duties herein.
(d) The Board of Zoning Adjustment shall have the power to issue subpoenas to compel witnesses to attend its meetings and give evidence bearing upon the questions before it.
(Ord. 22:2019, passed 6-10-19)