(A) Creation, members and terms of the Board of Zoning Appeals.
(1) There is hereby created a Board of Zoning Appeals (BZA). Such board shall consist of five members, to be appointed by the Mayor, all of whom shall be residents of the city. Each term shall be for a five year period. The terms of all members shall be of such length and so arranged that the term of one such appointed member shall serve until his or her successor is appointed. A member appointed to fill a vacancy shall serve for the unexpired term.
(2) Members of the BZA shall be removed for nonperformance of duty, misconduct in office, or other causes by City Council upon written charges having been filed with City Council and after a public hearing has been held regarding such charges. A copy of the charges shall be served upon the member so charged at least ten days prior to the hearing, personally, by registered mail or by leaving the copy at his or her usual place of residence. The member shall be given an opportunity to be heard and to answer such charges.
(B) Meetings, rules and records of the Board of Zoning Appeals. The BZA shall organize and adopt rules in accordance with this zoning code. Meetings of the BZA shall be held at the call of the Chairman and at such other times as the BZA may determine. The Chairman or, in his or her absence, the acting Chairman may administer oaths and the BZA may compel the attendance of witnesses. All meetings of the BZA shall be open to the public. The BZA shall keep minutes of its proceedings, showing the vote of each member upon each questions or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. Records of actions and reasons for actions shall be transmitted to the City Council, City Engineer, Chief Building Official, Building Inspector, Zoning Administrator and City Planner or his or her representative.
(C) Powers of the Board of Zoning Appeals.
(1) The Board of Zoning Appeals shall have the following powers and limitations:
(a) Hearing and deciding appeals where it is alleged there is an error in an order, requirement, decision or determination made by the Zoning Administrator, or his or her authorized representative in the enforcement of this zoning code.
(b) Authorize such variances, upon appeal, from the terms of this zoning code as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this code will result in unnecessary hardship, and so that the spirit of this code shall be observed and substantial justice done. Procedures for variances shall conform to § 1244.12.
(c) Appeals taken on the basis of a decision rendered by the Planning Commission on conditional use requests.
(2) The Board of Zoning Appeals may call on the several 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 of Zoning Appeals as may reasonably be required.
(Ord. 2003-51, passed 5-20-03)