CHAPTER XVI. ZONING AND PLANNINGCHAPTER XVI. ZONING AND PLANNING\ARTICLE 3. BOARD OF ZONING APPEALS

(a)   A board of zoning appeals is hereby created. The board shall consist of three - seven members to be appointed by the mayor with the approval of the city council. All of the members of the board shall be residents of the city. None of the members shall hold any other public office of the city except that one member may be a member of the city planning commission.

(b)   The member of the planning commission shall be appointed to the board in the same manner as other members of the board of zoning appeals. In the event” such member's term on the planning commission shall expire prior to the expiration of the term on the board of zoning appeals, and in the event such member is not reappointed on the planning commission, his or her position on the board of zoning appeals shall become vacant simultaneously with the expiration of the appointment to the planning commission.

(Code 1985)

In the event of the death, resignation, disqualification or removal of any member before the expiration of his or her term, a successor shall be appointed by the mayor and confirmed by the city council to serve the unexpired term.

(Code 1985)

(a)   The board of zoning appeals shall annually elect a chairperson, a vice-chairperson and secretary. The secretary may be an officer or employee of the city.

(a)   The chairperson, or in his or her absence the vice-chairperson, shall preside at all meetings, shall decide all points of order or procedure.

(Code 1985)

The board may adopt rules to govern its proceedings in accordance with the provisions of this article. Meetings of the board shall be held at any time at the call of the chairperson and at such other times as the board may determine. The board shall keep minutes of its proceedings, showing evidence presented, findings of fact by the board, decisions of the board, and the vote upon each question.

(Code 1985)

The board of zoning appeals shall administer the details of appeals from the provisions of the zoning ordinance, or other matters referred to it regarding the application of the zoning ordinance. In exercising these powers, the board, in conformity with the provisions of this article, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken, and attach appropriate conditions, and may issue or direct the issuance of a permit.

(Code 1985)

The fee for an application for appeal to the board shall be $50.00, no part of which shall be refundable. The fee shall be used to compensate the city for costs associated with the appeal. The city clerk shall be responsible for the collection of the application fee.

(Code 1985)