ZONING BOARD OF REVIEW ORGANIZATION AND PROCEDURES
1714 ZONING BOARD OF REVIEW ORGANIZATION AND PROCEDURES
A. Organization
1. Membership and Appointment The Zoning Board of Review shall consist of five regular members and two alternate members to be designated as the first and second alternate members. The Zoning Board of Review, as constituted at the time of the effective date of this Ordinance, and the terms of office of the members thereof will be continued. Zoning Board of Review members and the alternate members are appointed by the Mayor, subject to the approval of the City Council.
2. Term All regular members and the alternate members of the Zoning Board of Review are appointed for a five year term. No member or alternate member of the Board may continue in office after his/her term expires without being reappointed.
3. Alternate Members The alternate members of the Zoning Board of Review sit as active members. The first alternate will vote if a member of the Zoning Board of Review is unable to serve at a hearing and the second will also vote if two members of the Zoning Board of Review are unable to serve at a hearing. In the absence of the first alternate member, the second alternate member will serve in the position of the first alternate.
4. Vacancy If during a term of office, a Zoning Board of Review member or alternate member dies, resigns, is convicted of a felony or crime of moral turpitude, or a violation of official duties, or is absent from five consecutive regular meetings of the Zoning Board of Review without the consent of the Mayor, the office is declared vacant by the Mayor and the vacancy will be filled for the remainder of the unexpired term in the same manner as the original appointment.
5. Officers The Mayor, with the approval of the City Council, will designate a member of the Zoning Board of Review to be its Chair and a member to be its Vice Chair. The Vice Chair will serve as acting Chair in the Chair's absence.
B. Procedures
1. Meetings and Hearings Meetings of the Zoning Board of Review are held at the call of the Chair and at such other times as the Zoning Board of Review may determine. The Chair may administer oaths and compel the attendance of witnesses. Applications for appeals, variances, and for special use permits, as authorized in this Ordinance, may be addressed to the Board. Prior to decision on such petitions and appeals, the Board shall hold a public hearing on any application for appeal, variance or special use permit in an expeditious manner, after receipt, in proper form, of an application, and give public notice in accordance with Section 1801.
2. Required Vote No member or alternate member may vote on any matter before the Zoning Board of Review unless they have attended all hearings concerning that matter. The concurring vote of three members of the Zoning Board of Review is necessary to reverse or modify any order, requirement, decision, or determination of the Director or other duly authorized administrative officer, to decide an appeal from the Historic District Commission or other duly authorized body, or to decide in favor of the applicant on the matter of a special use permit or a variance or any other matter upon which the Zoning Board of Review is authorized to pass. A minimum of four and a maximum of five active members of the Zoning Board of Review, which may include the alternate member(s), shall conduct a hearing and vote on each petition or appeal.
3. Decision The decision of the Zoning Board of Review on every application or appeal shall be in written form and include the reasons for the decision, findings of fact, and any special conditions attached thereto. The decision shall be filed in the office of the Zoning Board of Review and of the Director within 45 days of the vote, and shall be open to public inspection. Notice of such decision shall be mailed to each party in interest, including the applicant. Any decision evidencing the granting of a variance or special use permit shall also be recorded in the Land Evidence Records of the City.
4. Record The Zoning Board of Review shall cause to be made a stenographic record of all its proceedings, including the vote of each member participating.