(a) Creation and Membership. A Board of Zoning Appeals is hereby established which shall consist of five resident freeholders of the City of Spencer to be appointed by the Mayor with the consent of Council. Such members shall have been residents of the City of Spencer for at least three years preceding the date of their appointment. No member of the Board of Zoning Appeals shall be a member of the Planning Commission, nor shall any member hold any elective or appointive office in the City of Spencer.
(A.O.)
(b) Tenure. Upon the creation of the Board of Zoning Appeals the members shall be appointed for the following terms: One for the term of one year, two for the term of two years and two for the term of three years. The terms shall expire on the first day of January on the first, second and third year, respectively, following their appointment. Thereafter, as their terms expire, the new appointment shall be for a term of three years.
(c) Compensation. Members of the Board of Zoning Appeals shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of their official duties.
(d) Vacancies. If a vacancy occurs by resignation or otherwise among the members of the Board of Zoning Appeals, the Mayor of the City of Spencer, with the consent of Council, shall appoint a member for the unexpired term.
The Mayor of the City of Spencer may remove a member of the Board of Zoning Appeals, with the approval of Council, during his term of office but only upon stating in writing the reasons for removal and after allowing him an opportunity to be heard in his own defense.
(e) Officers. At the first meeting of each year, the Board of Zoning Appeals shall elect a chairman and vice chairman from its members. The vice chairman shall have authority to act as chairman during the absence or disability of the chairman.
(1977 Code Title 4A.)
(f) Quorum. A majority of the members of the Board of Zoning Appeals shall constitute a quorum. No action of the Board of Zoning Appeals is official unless authorized by a majority of the members present at a regular or properly called special meeting.
(A.O.)
(g) Employees. The Board of Zoning Appeals may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties, all in conformity to and in compliance with salaries and compensations therefor fixed by Council of the City of Spencer.
(1977 Code Title 4A.)