(a) Appointment. The Zoning Board of Appeals shall be composed of five (5) members, all of whom are residents of the Municipality. Members shall be appointed by the Mayor for a period of five (5) years. The terms shall be arranged so that the term of one (1) member shall expire each year. Should any vacancy on the Board occur for any reason, the Mayor shall appoint a successor to serve the unexpired term. Members shall serve at the pleasure of the Mayor and Council, as described in Section 6.03 of the Charter.
(Ord. 2010-45. Passed 12-20-10.)
(b) Organization and Rules. The Board shall organize annually and elect a chairman, vice chairman, and secretary from its membership. The secretary need not be a member of the Board. The Board shall adopt rules as may be necessary to carry into effect the provisions of this Code and to exercise the powers and jurisdiction conferred upon it by the Code.
(1) The chairperson shall preside at all meetings of the Board. He or she shall decide on all points of order and procedure unless otherwise directed by a majority of the Board. The chairperson may appoint committees deemed necessary to carry out the business of the Board. The chairperson may administer oaths and compel the attendance of witnesses. The chairperson's signature shall be the official signature of the Board and shall appear on all decisions as directed by the Board.
(2) The vice-chairperson shall serve in the absence of the chairperson. He or she shall have all the powers and responsibilities of the chairperson during his/her absence, disability, or disqualification.
(3) The secretary shall keep minutes of all meetings and shall be responsible for all official correspondence of the Board.
(c) Meetings. Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board may determine. All meetings shall be open to the public. (Ord. 1999-37. Passed 11-15-99.)
(d) Quorum. All actions of the Board shall be taken by resolution, the vote of each member being recorded. Three members of the Board shall constitute a quorum and a concurring vote of three members shall be necessary to take any official action. No member of the Board shall vote on any matter in which he or she is personally or financially interested. (Ord. 2010-45. Passed 12-20-10.)
(e) Minutes and Records. 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 certified correct and filed in the Municipal Hall and shall be a public record.
(f) Witnesses and Oaths. The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, and compel testimony and the production of books, papers, and other evidence pertinent to any issue before the Board.
(g) Department Assistance. The Board may call on the Municipal departments or consultants for assistance in the performance of its duties, and such departments shall render assistance to the Board as may be required. In addition, the Planning Commission may make an analysis and present a report on any matter before the Board. Such report shall be considered by the Board at the time of hearing on the matter. (Ord. 1999-37. Passed 11-15-99.)