(a) Organization.
(1) There shall be a Zoning Board of Appeals which shall consist of five (5) electors of the City, who shall be appointed by the Mayor and approved by a majority of Council; none shall hold any other Municipal office or appointment in this City. Council shall appoint one of its members as an ex officio member to attend all meetings. He shall have no vote in the deliberations of the Zoning Board of Appeals but shall apprise the Council of the activities of the Zoning Board of Appeals. At least one member of the Zoning Board of Appeals shall be appointed from each ward.
(2) The Board shall elect its Chairman from among its members annually.
(3) The Mayor may at any time suspend any Board member for inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office, incapacity or incompetency provided, however, that such suspension shall not become final without the concurrence of five (5) of the members of Council.
(4) Their term shall be for five (5) years, except that of the five (5) members first appointed, one (1) shall be for five (5) years, two (2) for four (4) years, and two (2) for two (2) years.
(5) Any vacancy occurring during the unexpired term of any member shall be filled as originally provided for the remainder of the term.
(b) Qualifications. No member of the Zoning Board of Appeals shall hold a real estate license, a real estate broker's license, or shall be a land developer or agent of said developer.
(Adopted 10-18-66)
(c) Board Duties and Regulations.
(1) The Board of Appeals shall hold regular meetings in the Council Chambers of the City at least once every month with the day of the month to be determined by the Board, but this must be done at the first meeting in January. After date is determined, then this date must be followed for the remainder of the year. The notification of the day and time shall be forwarded and made known to the Mayor and Council and posted for the benefit of all the City officials. Special meetings shall be held at the call of the Chairman when deemed necessary, subject to such provisions as provided by the rules of the Board.
(Amended 11-2-71)
(2) All meetings of the Board of Zoning Appeals shall be public. Public notice shall be given of hearings on any appeals by the posting of a notice in the main entrance of the Municipal Building for a period of at least fourteen (14) days. Written notice of a variance to be considered by the Board of Zoning Appeals shall be given to the property owners within a five hundred (500) foot radius of the property for which a variance is requested. The Board of Zoning Appeals shall keep minutes of its proceedings.
(Adopted 10-18-66)
(d) Determination. The Board of Zoning Appeals shall determine matters properly presented to it in writing. Where practical difficulties and unnecessary hardships shall result from the enforcement of the zoning ordinances, the Board of Zoning Appeals shall have the power to grant variance in harmony with the general intent of the ordinance and to secure the general welfare and substantial justice in the promotion of the public health, comfort, convenience, morals, safety and general welfare of the City. The Council shall have the power to approve, amend, modify or reverse any decision of the Board of Zoning Appeals if the Council finds that the decision of the Board of Zoning Appeals is contrary to the purpose and intent of the zoning ordinances. No action shall be taken upon the decision of the Board of Zoning Appeals until such time as Council has had an opportunity to review such action. Such review by Council is to be made within a reasonable time; the failure of Council to act within ninety (90) days after the presentation to it from the Board of Zoning Appeals shall be deemed as an affirmance of the said action.
Notwithstanding the provisions of the foregoing paragraph (d) of this Section 8, the Board of Zoning Appeals shall have no power to grant a use classification change from the then existing zoning map or to permit any land use to become nonconforming therewith (Amended 11-6-73; Res. 04-2024)
(e) Funds. A sufficient sum shall be appropriated by the Council each year to carry out the Board of Zoning Appeals provisions of this Charter.