A Board of Zoning Appeals is hereby established, which consists of five members to be appointed by Council. The members of the Board shall be residents of the City and three fifths of such members shall have been residents of the City for at least ten years preceding the time of their appointment. They shall be qualified by knowledge and experience in matters pertaining to the development of the City and shall include representatives from business, industry and labor. No member of the Board shall be a member of the Planning Commission nor shall any member hold elective or appointive office in the City Government. Members of the Board shall serve without compensation but shall be reimbursed for actual expenses incurred in the performance of their official duties.
Upon the creation of the Board, the members shall be appointed by Council 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 January of the first, second or third year, respectively, following their appointment. Thereafter, as their terms expire, each new appointment shall be for a term of three years.
If a vacancy occurs, by resignation or otherwise, among the members of the Board, Council shall appoint a member for the unexpired term.
(a) Proceedings. At the first meeting of each year, the Board shall elect a chairman and a vice-chairman from its members. The vice-chairman shall have authority to act as chairman during the absence or disability of the chairman. A majority of members of a Board shall constitute a quorum. No action of the Board is official, however, unless authorized by a majority of the Board. 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.
The Board shall adopt such rules concerning the filing of appeals and applications for variance and exceptions, giving of notice and conduct of hearings as shall be necessary to carry out their duties under the terms of this Zoning Ordinance.
(b) Minutes and Records. The Board shall keep minutes of its proceedings, keep records of its examinations and other 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 a public record.
(c) Hearings; Appeals; Notice. An appeal taken from the requirement, decision or the determination made by the Mayor relating to the enforcement of this Ordinance shall be filed with Board. The appeal shall specify the grounds thereof and shall be filed within such time and in such form as may be prescribed by the Board by general rule. The Mayor shall, upon request of the Board transmit to it all documents, plans and papers constituting the record of the action from which an appeal was taken.
(1) The Board shall fix a reasonable time for the hearing of an appeal. Public notice shall be given of the hearing and due notice shall be given additionally to the interested parties.
(2) The Board may require the party taking the appeal to assume the cost of public notice and due notice to interested parties.
Upon the hearing, any party may appear in person, by agent or by attorney.
(d) Stay of Proceedings. When an appeal from the decision of the Mayor has been taken and filed with the Board, all proceedings and work on the premises concerning which the decision was made shall be stayed unless the Mayor shall certify to the Board that, by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by a restraining order which may be granted by the circuit court of the county in which the premises affected are situated, on application, on notice to the Mayor from whom the appeal is taken and to the owner of the premises affected and on due cause shown.
(e) Petitions Relating to Other Matters. All applications for exceptions, variances and other matters upon which the Board is authorized to act, shall be filed with the Board and shall be handled in the same manner as appeals.
(Ord. 10-14. Passed 8-14-14.)