§ 17-14-0300

Zoning Board of Appeals

17-14-0301 Creation and Membership.

17-14-0301-A The Zoning Board of Appeals consists of 5 members appointed by the Mayor, with the consent of the City Council.

17-14-0301-B Zoning Board of Appeals members serve 5-year terms.

17-14-0301-C One of the members of the Zoning Board of Appeals must be designated by the Mayor, with the consent of the City Council, to serve as chairman. The chairman will hold the office of chairman until a successor is appointed.

17-14-0301-D The Mayor is authorized to remove any member of the Zoning Board of Appeals for cause, after a public hearing.

17-14-0301-E Vacancies on the Zoning Board of Appeals must be filled for the unexpired term of the member whose place has become vacant. The salaries of members of the Zoning Board of Appeals will be determined and fixed by the City Council in the annual appropriation ordinance.

17-14-0302 Jurisdiction. The Zoning Board of Appeals has the following powers and duties:

17-14-0302-A to hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator under this Zoning Ordinance;

17-14-0302-B to hear and pass upon applications for special uses and variations from the terms provided in this Zoning Ordinance in the manner and subject to the standards set out in this Zoning Ordinance; and

17-14-0302-C to hear and decide all matters referred to it or upon which it is required to pass under this Zoning Ordinance.

17-14-0303 Meetings and Rules.

17-14-0303-A All meetings of the Zoning Board of Appeals will be held at the call of the chairman and at such times as the chairman may determine.

17-14-0303-B All hearings conducted by Zoning Board of Appeals must be open to the public. Any person may appear and testify at a hearing either in person or by duly authorized agent or attorney. The chairman, or in the chairman’s absence, the acting chairman, may administer oaths and compel the attendance of witnesses.

17-14-0303-C The Zoning Board of Appeals must 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 must also keep records of its hearings and other official actions. The record of hearings will not be transcribed by the court reporter unless requested by the Zoning Board of Appeals or any party interested in the hearing. The cost of the transcription must be borne by the person requesting it and in cases filed pursuant to the Administrative Review Act, the plaintiff must pay for the cost of preparing and certifying the record of proceedings, including the cost of the transcript.

17-14-0303-D A copy of every rule or regulation, every variation and every order, requirement, decision, or determination of the Zoning Board of Appeals must be filed immediately in the Office of the Zoning Administrator and must be a public record.

17-14-0303-E The Zoning Board of Appeals must adopt its own rules of procedure not in conflict with this Zoning Ordinance and may select or appoint such officers as it deems necessary.

17-14-0304 Finality of Decisions of the Zoning Board of Appeals. All decisions and findings of the Zoning Board of Appeals, on appeal or upon application for a variation after a hearing, will, in all instances, be the final administrative determination and will be subject to review by a court as by law, may be provided.

(Added Coun. J. 5-26-04, p. 25275)

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