166.09  BOARD OF ADJUSTMENT.
There is hereby created a Board of Adjustment to 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.
The Board of Adjustment shall consist of two (2) members from the City, appointed by the City Council, and two (2) members from Marion County, appointed by the Marion County Board of Supervisors, and one additional member to act as chairman and to be selected by a majority vote of the four (4) appointed members.  Members shall be removable for cause by the appointing authority upon written charges and after public hearing.  Vacancies shall be filled for the unexpired term of any member whose office becomes vacant in the same manner in which said member was selected.  The terms of the members of the Board of Adjustment shall be staggered terms of five (5) years.  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 the absence of the chairperson, 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, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Zoning Administrator and on due cause shown.  The Board of Adjustment shall make written findings of facts and conclusions of law giving the facts upon which it acted and its 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.  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 decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect variation to this chapter.