(A) Establishment. The Board of Zoning Appeals as constituted at the time of enactment of this chapter shall continue in power. The Board shall consist of five residents of the city, appointed by the City Manager subject to the approval of City Council, for terms of three years, except that those holding a position on the Board at the time of enactment of this chapter shall complete the term to which they were previously appointed. Vacancies shall be filled in the same manner as new appointees for the unexpired term. Members of the Board shall serve until his/her successor is appointed.
(B) Removal of members. Members of the Board shall be removable for non-performance of duty, misconduct in office, or other cause by the City Council, after a public hearing has been held before City Council regarding such charges. The member shall be given the opportunity to be heard and answer such charges.
(C) Quorum. Three members of the Board shall constitute a quorum.
(D) Procedures.
(1) The meetings of the Board shall be public. The Board shall organize annually and elect a chairperson, and secretary. The Board shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Code.
(2) The Secretary of the Board shall keep minutes of its proceedings, showing the vote of each member upon each question; or if absent or failing to vote, indicating such fact; and shall keep records of its examinations and other official action, all of which shall be immediately filed in the city offices and shall be a public record.
(3) The Board shall have the power to subpoena witnesses, administer oaths and may require the production of documents, under such regulations as it may establish.
(4) The Board may call upon the various departments of the municipality for assistance in the performance of its duties and it shall be the duty of such departments to render assistance to the Board as may reasonably be required.
(E) Powers and duties. In exercising its duties, the Board may, as long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. The concurring vote of three members of the Board shall be necessary to reverse any order, decision, or determination of the Zoning Inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to effect any variation in the application of this chapter. For the purpose of this chapter, the Board has the following specific responsibilities:
(1) Interpret the boundaries of the Official Zoning Map, in accordance with the provisions of this chapter.
(3) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Building and Zoning Inspector, in accordance with § 156.228 of this chapter.
(4) Authorize such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions of the land, a literal enforcement of this chapter will result in unnecessary hardship in accordance with the provisions of § 156.228 of the chapter.
(6) Authorize extensions of time for completion of work specified in the zoning permit, in accordance with § 156.224(G) of this chapter.
(7) Declare zoning permits void, pursuant to § 156.224(H) of this chapter.
(Ord. 34-90, passed 12-26-90)