(A) A Board of Zoning Adjustment is hereby established in accordance with KRS 100.217. The Board of Zoning Adjustment shall consist of five (5) citizen members, not more than two (2) of whom may be members of the Planning Commission. The initial terms of the membership shall be as follows: one (1) member for a two (2) year term; two (2) members for a three (3) year term; and two (2) members for a four (4) year term. Subsequent appointments shall be for a term of four (4) years. They shall be appointed by the Mayor, with the approval of the Board of Commissioners. Vacancies on the Board of Zoning Adjustment shall be filled within sixty (60) days by the appropriate appointing authority. If the authority shall fail to act within that time, the Planning Commission shall fill that 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) The Chairperson, or in his or her absence the acting chairperson, may administer oaths and the Board of Zoning Adjustment may compel the attendance of witnesses. All meetings of the Board of Zoning Adjustment shall be open to the public. The Board of Zoning Adjustment shall keep minutes of its proceedings.
(C) Three (3) members of the Board of Zoning Adjustment shall constitute a quorum. The Board shall act by resolution, and the concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Building Official or any other duly authorized administrative officer, or to decide in favor of an applicant in any matter on which it is required to pass under this chapter, or to grant any variance from the requirements stipulated in this chapter. The grounds of every such determination shall be stated. A member of the Board shall not be qualified to vote if he or she has not attended the public hearing or if he or she has a direct interest in the issue appealed.
(Ord. passed 1-27-87; Am. Ord. 07-0-002, passed 2-26-07)