(a) Powers and Duties. For the purposes of administering the UDC, the Board of Zoning Appeals shall have the following powers and duties:
(1) Hold public hearings, review and take action related to appeals from actions taken by the Administrator or other administrative officials in interpreting this Code.
(2) Hold public hearings, review and take action related to applications for variances from the provisions of this Code.
(3) Interpret the Unified Development Code when an application is filed to determine the meaning and intent of any wording or provision of the Code or interpretation of the Official Zoning Map.
(4) Serve as the Building Code Board of Appeals.
(b) Appointment.
(1) The Board shall consist of five members who shall be residents of the City appointed by City Council.
(2) The terms of all members shall be of such a length and so arranged that the term of one member will expire each year. Each member shall serve until a successor is appointed and qualified.
(3) Members of the Board shall be removable for nonperformance of duty, misconduct in office, or other cause, by Council, or, upon written charges having been filed with Council and charges having been served upon the member so charged at least ten days prior to the hearing, either personally or by certified mail, or by leaving same at his usual place of residence. The member shall be given an opportunity to be heard and answer such charges.
(4) Vacancies shall be filled by Council and shall be for the unexpired term.
(5) Each member shall serve without compensation.
(c) Organization and Procedure.
(1) The Board shall organize and adopt rules for its own government not inconsistent with law or with any other ordinance of the City.
(2) Meetings of the Board shall be held monthly, and at the call of the Chairman, and at such other times as the Board may determine.
(3) The Chairman or in his absence, the acting chairman, may administer oaths and the Board may compel the attendance of witnesses.
(4) The Board may call upon the City departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
(5) All meetings of the Board shall be open to the public. The Board shall keep minutes of its examinations and other official actions, all of which shall be filed in the Community Development Department immediately upon approval and shall be public record.
(d) Quorum and Voting.
(1) Three members of the Board shall constitute a quorum. The Board shall act by resolution: and the concurring vote of three members of the Board shall be necessary to reverse any order or determination of the Administrator.
(2) The concurring vote of three members of the Board shall be necessary to decide in favor of an application in any matter of which the Board has original jurisdiction under this Code or to grant any variance from the requirements stipulated in this Code.
(Ord. 16-19. Passed 9-16-19.)