(A) A Board of Appeals is hereby established. The word
BOARD, when used in this section shall be construed to mean the Board of Appeals.
(1) The Board of Appeals shall consist of seven members appointed by the Mayor with the approval and consent of the City Council. The term of office of the members of the Board shall be five years. However, as soon as practicable after adoption of this section, the City Clerk, after notice to the members of the ZBA of the date and time, shall place the names of the members of the Polo ZBA in a container and shall draw names such that the first name drawn shall serve for one year, the second for two years, the third for three years, the fourth for four years, the fifth for five years, the sixth for six years and the seventh for seven years. The successor to each member shall serve for a term of five years.
(2) After such first appointment one member shall be appointed annually for a term of five years. Vacancies shall be filled for the unexpired term of any member whose place has become vacant. The City Council shall have the power to remove any member of the Board for cause and after a public hearing. One of the members so appointed shall be named as chairman at the time of his or her appointment. Such chairman, or in his or her absence, the acting chairman, may administer oaths and compel the attendance of witnesses.
(3) The Board, in existence at the time of the passage of this chapter, shall be recognized as the Zoning Board of Appeals established under this chapter, and the members previously appointed under the old ordinances shall be recognized as members thereof, and shall serve for such period of time as designated at the time of appointment, the time to run from the date of the original appointment under the old ordinance.
(B) Appeals.
(1) An appeal to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the city. Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the Committee on Buildings and Grounds and with the Board a notice of appeal, specifying the grounds thereof. The Committee on Buildings and Grounds shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
(2) An appeal stays all proceedings in furtherance of the section appealed from, unless the Committee on Buildings and Grounds certifies to the Board after the notice of appeal has been filed with in their opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by restraining order which may be granted by the Board or by a court of record on application, on notice to the Committee on Buildings and Grounds and on due cause shown.
(3) The Board shall fix a reasonable time for the hearing of the appeal and give notice thereof to the parties and decide the same within a reasonable time. Upon the hearing, any party may appear in person, or by agent or by attorney.
(C) Jurisdiction.
(1) The Board shall not have the power to change the classification of property nor to make any changes in the regulations of the ordinance, but shall have the following powers only:
(a) To adopt from time to time such rules and regulations as may be deemed necessary to carry into effect the provisions of this chapter.
(b) To interpret the provisions of this chapter and to hear and decide appeals where it is alleged there is an error in any order, requirements, decision or determination made by the Committee on Buildings and Grounds in the enforcement of this chapter.
(c) To hear and pass upon applications for variations from the terms provided in this comprehensive amendment in the manner prescribed by and subject to the standards established herein.
(d) To hear and decide all matters referred to it or upon which it is required to pass under this amendment as prescribed by statute.
(2) In exercising the above mentioned powers, the Board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly or may modify the order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the Committee on Buildings and Grounds, provided that no variations shall be made except in a specific case and after public hearing before the Board, of which there shall be at least 15 days' notice of the time and place of such hearing published in an official paper or a paper of general circulation in the city, notice to provide that no variation shall be made except in a specific case and shall contain the particular location for which the variation is requested, as well as a brief statement of what the proposed variations consists.
(3) The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Committee on Building and Grounds, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to affect any variation in this chapter.
(4) Every variation shall be accompanied by finding of fact specifying the reasons for making such variation.
(D) Meetings. All meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and shall be a public record.
(Ord. passed 8-4-86; Am. Ord. 21-12, passed 6-7-21; Am. Ord. 21-14, passed 6-7-21)
Cross-reference:
Compensation for members of Zoning Board of Appeals attending meetings, see § 31.215