A. There is hereby created a Board of Zoning Adjustment for the City. The Board of Zoning Adjustment shall consist of three (3) members of the Planning Commission and shall be appointed by the Chair of the Planning Commission with the approval of the City Council.
B. The term of office of members of the Board of Zoning Adjustment shall be one year, commencing with the beginning of the calendar year, but members shall be eligible for reappointment. Vacancies shall be filled in the same manner as prescribed under subsection A of this section.
C. The Board of Zoning Adjustment shall designate a Chair, who shall be a member of the board, and a Secretary. The board shall adopt its own rules regarding its meetings and procedures, provided that such rules are not in conflict with such general rules adopted for that purpose by the Planning Commission. The Secretary of the Planning Commission shall serve as the Secretary to the board.
D. The majority in number of the total voting membership of the board shall constitute a legal quorum. The concurrence of at least a majority of members present shall be necessary for action on any matter.
E. In the event any member of the board is unable to attend a meeting of the board, the Chair of the commission may designate any other member of the commission to serve in place of the absent member with full voting rights at such meeting. For purposes of this subsection, all members of the commission are hereby constituted as ex officio members of the board.
F. The Board of Zoning Adjustment shall have the following powers: to grant, modify, grant with conditions or deny applications for variances as prescribed in chapter 21 of this title.
G. Prior to the adoption of the resolution appointing the first members to said board, the commission as a whole shall constitute said board, with all the powers and duties thereof. (Ord. 622, 9-2-1980)