(A) (1) The Board of Adjustment shall be established before the city zoning ordinance shall be legally enforced. The Board established shall consist of three, five, or seven citizen members, two of whom may be citizen members of the Planning Commission from the appropriate jurisdiction. A CITIZEN MEMBER means any member of the Planning Commission or Board of Adjustment who is not also an elected or appointed official or employee of the City Council.
(2) The term of office for members of the Board shall be four years, but the term of office of members first appointed shall be staggered so that a proportionate number serve one, two, three, and four years respectively. Vacancies on the Board shall be filled within 60 days by the respective legislative body. If the Mayor fails to act within that time, the Planning 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.
(B) All members of the Board shall, before entering upon their duties, qualify by taking the oath of office prescribed by § 228 of the Constitution of the commonwealth before a judge, County Judge-Executive, notary public, clerk of a court, or County Justice of the Peace. Reimbursement for expenses or compensation or both may be authorized for members of the Board.
(C) (1) Any member of the Board may be removed by the appointing authority for inefficiency, All members of the Board shall, before entering upon their duties, qualify by taking the neglect of duty, malfeasance, or conflict of interest.
(2) The appointing authority who exercises the power to remove a Board member shall submit a written statement to the Planning Commission setting forth the reasons for removal and the statement shall be read at the next meeting of the Board of Adjustment. The member so removed shall have the right of appeal to the County Circuit Court.
(D) The Board shall annually elect a Chairperson, Vice-Chairperson, and a Secretary and any other officer it deems necessary. Any officer shall be eligible for re-election at the expiration of his or her term.
(Ord. 2004-03, passed - -; Ord. 1998-15, passed 10-13-1998; Ord. 2004-04, passed 8-3-2004; Ord. 2004-06, passed 11-19-2004; Ord. passed 5- -2005)