A. COMPOSITION AND TERM.
The Board of Zoning and Building Appeals shall consist of six electors of the Municipality not holding other Municipal office. The six electors, one from each of four wards, one at-large and one alternate at-large, shall be appointed by the Mayor with confirmation by Council. Both at-large electors shall be from different wards. The alternate at-large elector shall participate as a voting member only in the absence of one of the five regular electors.
Each regular appointment shall be for a term of three years. A vacancy occurring during the term of any member of the Board of Zoning and Building Appeals shall be filled for the unexpired term in the manner authorized for an original appointment. (Amended November 8, 2011; November 8, 2016)
B. JURISDICTION.
The Board of Zoning and Building Appeals shall have the power to hear and decide appeals for exceptions to, and variances in, the application of resolutions, ordinances, regulations, measures and orders of administrative officials or agencies governing zoning and building in the Municipality, as may be required to afford justice and avoid unreasonable hardship, subject to such reasonable standards as shall be prescribed by Council, and such other powers as may be granted to it by Council.
C. APPEALS TO THE BOARD.
The Board of Zoning and Building Appeals shall hold a public hearing on each appeal, and written notice of the hearing shall be sent by the Secretary of the Board by first class mail at least ten days before the date of the hearing to the owners of property within and contiguous to and directly across the street from the property which is the subject of the appeal. Such written notices shall be mailed to the addresses of such owners appearing on the current tax list of the County. Where the subject of the public hearing involves twenty or more property owners of the Municipality, such written notice of the hearing shall not be required. The failure of delivery of such notice shall not invalidate any action taken by the Board of Zoning and Building Appeals on such appeal.
Each appeal received by the Board of Zoning and Building Appeals shall be acted upon by it within thirty days from the date it is filed with the Board. Failure to act upon said appeal within thirty days shall be deemed approval of said appeal.
(Amended November 6, 2007)