Notwithstanding anything contained in the Codified Ordinances to the contrary, Council shall serve as the acting Board of Appeals anytime there are fewer than three (3) members appointed to and serving on the Board of Appeals. During such times as Council is serving as the acting Board of Appeals, the following provisions shall apply:
(a) Council shall assume all duties, rights and responsibilities of the Board of Appeals.
(b) An affirmative vote of a quorum of Council is necessary to reverse any order, requirement, decision or determination of the Inspector; to decide in favor of the applicant on any matter upon which it is required to pass under this Zoning Code; or to effect any variation in the application of this Zoning Code.
(c) At any Board of Appeals meeting, the Mayor or, in his or her absence, the Vice Mayor shall act as Chairman of the Board. If both the Mayor and Vice Mayor are absent from a meeting, Council shall select a temporary Chairman of the Board by a majority vote of the members present. The Chairman of the Board may administer oaths and compel the attendance of witnesses at Board of Appeals meetings.
(d) Board of Appeals meetings shall only be held during Council’s regular or special meetings.
(Ord. 2021-40. Passed 11-1-21.)