A. Board Of Adjustment is hereby established for the City of Newport.
B. The Board of Adjustment shall consist of five (5) members, all of whom must be citizen members and not more than two (2) of whom may be citizen members of the Planning and Zoning Commission.
C. The mayor shall be the appointing authority of the Board of Adjustment subject to the approval of the Board of City Commissioners.
D. The term of office for the Board of Adjustment shall be four (4) years, but the term of office of members first appointed shall be staggered so that a proportionate number serve one (1), two (2), three (3) and four (4) years respectively.
E. Vacancies on the Board of Adjustment shall be filled within sixty (60) calendar days by the mayor. If the mayor fails to act within that time, the Planning and Zoning Commission shall fill the vacancy. When a vacancy occurs other than through expiration of the term of office, it shall be filled for the remainder of that term.
F. All members of the Board of adjustment shall, before entering upon their duties, qualify by taking the oath of office prescribed by SECTION 228 of the Constitution of the Commonwealth of Kentucky before any judge, notary public, clerk of a court, or justice of the peace within the district or county in which he resides.
G. Reimbursement for expenses or compensation or both may be authorized for members on the Board of Adjustment.
H. Any member of the Board of Adjustment may be removed by the mayor, subject to the approval by the Board of City Commissioners, for inefficiency, neglect of duty, malfeasance, or conflict of interest. The mayor, exercising the power to remove a member from the Board of Adjustment, shall submit a written statement to the Planning and Zoning Commission setting forth the reasons and the statement shall be read at the next meeting of the Board of Adjustment which shall be open to the general public. The member so removed shall have the right of appeal from the removal to the circuit court of the county in which he resides.
I. The Board of Adjustment shall elect annually a chairman, vice chairman, and secretary and any other officers it deems necessary, and any officer shall be eligible for re election at the expiration of this term.