A. COMPOSITION AND TERM. There shall be appointed a Board of Zoning Appeals consisting of five (5) electors of the Municipality not holding other municipal office. The members of the board shall be appointed by the Mayor, subject to the confirmation by the majority of the members of Council, for a term of four (4) years from the date of appointment or until their successors are appointed and qualified, except that of the first five (5) appointed, one (1) shall serve for a term of one (1) year, one (1) for a term of two (2) years, one (1) a term of three (3) years, and two (2) a term of four (4) years.
B. POWERS AND DUTIES. The Board of Zoning Appeals shall have the following duties and powers:
1. To hear and decide appeals made for the exceptions to and variations in the application of ordinances governing zoning in the Municipality in conformity with the purpose and intent thereof and to hear and decide all appeals made for exceptions to and variations in the application of ordinances, or orders of regulations of the administrative officials or agencies,
2. To establish rules and regulations for its own procedures not inconsistent with this section,
3. To do and perform such other duties and functions as may be imposed upon it by this Charter or ordinances and resolutions of the Council including the power:
a. To formulate and submit to the Council, changes in and amendments to the building and zoning code which the board determines as desirable for the proper regulation of buildings and structures and the equipment thereof which pertains to the Municipality.
C. PROCEDURE FOR APPEAL. An applicant aggrieved by the denial to act favorably on any application submitted to the Board may appeal to Council in accordance with procedures established by the Board. An affirmative vote of five (5) members of Council is required to overturn a final decision from the Board of Zoning Appeals.