The following regulations apply only if a Board of Zoning Appeals is established and maintained by the City. If a Board of Zoning Appeals is not established or maintained by the City, its typical roles and duties shall be administered by the Commission.
(a) The Board of Zoning Appeals shall consist of five (5) members, to be appointed by Council.
(b) One (1) member shall be the President of Council. This member shall be a voting member of the Board of Zoning Appeals.
(c) The other four (4) members shall be citizens of the City, not in the service of the City, and shall serve without compensation. These members' terms shall be four (4) years and shall be so arranged that the term of one (1) member will expire each year. Each member shall serve until their successor is appointed and qualified.
(d) Members of the Board of Zoning Appeals shall be removable for nonperformance of duty, misconduct in office, or other cause by Council upon written charges having been filed with Council and after a public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten (10) days prior to the hearing, either personally, or by registered mail, or by leaving the same at their usual place of residence. The member shall be given an opportunity to be heard and answer such charges.
(e) Vacancies shall be filled by Council and shall be for the unexpired term.
(f) Organization and Meetings.
(1) All meetings of the Board of Zoning Appeals shall be open to the public.
(2) Hearings of the Board shall be preceded by a notice published not less than six days in advance of such hearing, as provided in Section 123.03 of the Administrative Code.
(3) Quorum shall be three (3) members voting on an issue. If a member removes themselves from voting on an issue due to conflict of interest or any other reason, that member shall not contribute to the quorum.
(4) A vote for approval, approval with conditions, or disapproval may succeed only when a quorum is reached and only with such vote of a majority of present members. A tie vote shall be considered disapproval.
(5) Meetings of the Board shall be held at the call of the chairperson, and at such other times as the Board determines.
(6) The chairperson, or in their absence the acting chairperson, may administer oaths, and the Board of Zoning Appeals may compel the attendance of witnesses.
(7) The Board of Zoning Appeals 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 its examinations and other official actions, all of which shall be immediately filed in the office of the Fiscal Officer, and be a public record.
(Ord. 2022-110. Passed 12-12-22.)