(a) Creation: membership: terms: vacancies.
(1) As a part of the Planning and Zoning Ordinance of the City of Summersville (herein known as "City"), the City Council hereby creates a Board of Zoning Appeals consisting of five members to be appointed by the governing body of the City.
(2) The members of the Board of Zoning Appeals shall be individuals who have been residents of the City for at least three years preceding the time of their appointment. No member of the Board of Zoning Appeals shall be a member of the Planning Commission nor shall any member hold other elective or appointive office in the municipal or county government. Members of the Board shall serve without compensation, but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their official duties.
(3) Upon the creation of a Board of Zoning Appeals, the members shall be appointed for the following terms: One for a term of one year; two for a term of two years; and two for a term of three years. The terms shall expire on the first day of July of the first, second and third year, respectively, following their appointment. Thereafter, as their terms expire, each new appointment shall be for a term of three years.
(4) If a vacancy occurs, by resignation or otherwise, among the members of the Board of Zoning Appeals, the City Council shall appoint a member for the unexpired term.
(b) Officers; Quorum; Compensation of Secretary and Employees.
(1) At its first meeting of each year, the Board of Zoning Appeals shall elect a chairman and vice-chairman from its membership. The vice-chairman shall have the power and authority to act as chairman during the absence or disability of the chairman.
(2) A majority of the members of the Board of Zoning Appeals shall constitute a quorum. No action of a board shall be official, however, unless authorized by a majority of all of the members of the Board.
(3) 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 the salaries and compensation theretofore fixed by the City.
(c) Offices; Appropriation for Expenses.
(1) The City Council shall provide the board with suitable offices for the holding of meetings and the preservation of plans, maps, documents and accounts, and shall provide by appropriation a sum sufficient to defray the reasonable expenses of the board.
(2) The City Council may, by resolution, establish a reasonable fee schedule to be paid by the applicant for any appeal filed hereunder.
(d) Rules and Regulations and Procedures; Minutes and Records.
(1) The Board of Zoning Appeals shall adopt such rules and regulations concerning the filing of appeals, applications for variances and exceptions, the giving of notice and the conduct of hearings as shall be necessary to carry out its duties under the terms of this article, consistent with all applicable City ordinances and the laws of the State of West Virginia.
(2) The board shall keep minutes of its proceedings, keep records of all official actions and shall record the vote on all actions taken. All minutes and records shall be filed in the office of the board and shall be public records.
(Passed 6-24-02.)