(a) Creation and Membership. Council does hereby create a Board of Zoning Appeals consisting of five members to be appointed by Council. Appointment shall be for terms of four years except that the first appointment under this Zoning Ordinance shall be for staggered terms as follows:
One member for four years, two members for three years, and two members for two years.
The members of the Board of Zoning Appeals 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. 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 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.
(b) Officers, Quorum and Employees. 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.
A majority of members of a Board of Zoning Appeals shall constitute a quorum. No action of the Board is official, however, unless authorized by a majority of the Board.
The Board of Zoning Appeals may appoint and fix the compensation of a secretary, a Zoning Officer, and such other employees as are necessary for the discharge of its duties all in conformity to and compliance with salaries and compensations therefor fixed by the City.
(c) Offices and Appropriation. Council shall provide the Board with suitable offices for 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.
(d) Rules, Procedures and Records. The Board of Zoning Appeals shall adopt such rules concerning the filing of appeals and applications for variances and exceptions, giving of notice and conduct of hearings as shall be necessary to carry out their duties under the terms of this Ordinance.
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 in public record.
(e) Duties and Powers. The Board of Zoning Appeals shall hear and determine appeals from and review any order, requirement, decision or determination made by an administrative official or board charged with the enforcement of any ordinance or regulation adopted pursuant to the provisions of this Ordinance.
Permit and authorize exceptions to the district regulations only in the classes of cases or in particular situations as specified in this Ordinance.
Hear and decide special exceptions, including special uses, to the terms of this Ordinance upon which the Board is required to act under this Ordinance.
Authorize upon appeal in specific cases such variance from the terms of this Ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this Ordinance will result in unnecessary hardship, and so that the spirit of this Ordinance shall be observed and substantial justice done.
In exercising its powers, the Board of Zoning Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from as in its opinion ought to be done in the premises, and to that end shall have all the powers of the Officer or Board from which the appeal is taken.
(f) Referral to Planning Commission. The Board shall refer to the Commission all applications for special uses, and may refer other applications or appeals which in the opinion of the Board, require review by the Commission. Upon receipt of such an application from the Board, the Planning Commission shall:
(1) Determine compliance of proposed special uses with the standards set forth in Section 1323.08.
(2) Approve or disapprove, or approve subject to conditions or modifications, all matters referred to it and shall submit a written report to the Board stating all recommended conditions and modifications, and the reasons for such approval or disapproval. (5-16-67)