(A) Establishment. The Board of Adjustment shall consist of five members appointed by the Airport Zoning Board; provided, however, that, the Owatonna Airport Zoning Board shall appoint one such member as designated by the Town Board of Clinton Falls Township, one such member as designated by the Town Board of Owatonna Township, one such member as designated by the Town Board of Medford Township and two such members as designated by the City Council of the City of Owatonna. Each governing body entitled to designate a member to the Board of Adjustment as herein provided shall submit such designation in writing within 90 days of written notice to such governing body by the Owatonna Airport Zoning Board acting by and through the City Zoning Administrator. In the event a designating governing body shall fail to designate a member within said 90 days, then the Owatonna Airport Zoning Board shall appoint such member. Each member shall serve for a term of three years and until his or her successor is duly appointed and qualified. Of the five members first appointed, one shall be appointed for a term of one year, two for a term of two years and two for a term of three years. Upon their appointment, the members shall select a Chairperson to act at the pleasure of the Board. Members shall be removable by the Airport Zoning Board for cause, upon written charges, after a public hearing.
(B) Powers. The Board of Adjustment shall have and exercise the following powers:
(1) To hear and decide appeals from any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter;
(2) To hear and decide special exceptions to the terms of this chapter upon which such Board of Adjustment under such regulations may be required to pass; and
(3) To hear and decide specific variances.
(C) Procedures.
(1) The Board of Adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this chapter. Meetings of the Board of Adjustment shall be held at the call of the Chairperson and at such other times as the Board of Adjustment may determine. The Chairperson or, in his or her absence, the acting Chairperson may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of it’s examinations and other official actions, all of which shall immediately be filed in the office of the Zoning Administrator and shall be a public record.
(2) The Board of Adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and it’s legal conclusions from such facts in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this chapter.
(3) The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation on this chapter.
(Ord. 1257, passed 5-15-2001)