There is created a Board of Adjustment consisting of five (5) members, including one (1) member of the City Council who shall act as chairman, all of whom shall be appointed by the City Council. Additionally, first and second alternates shall be appointed annually, whose function it shall be, upon twenty-four (24) hours' notice, to act in the stead of a regular member or members unable to attend a meeting.

(Prior code 17.52.010)

When vacancies occur prior to expiration of a regular term, they shall be filled in the same manner as regular appointments but shall serve only until the expiration of the term in which the vacancy occurred.

(Prior code 17.52.030)

Board members may be removed only for inefficiency, neglect of duty or malfeasance in office upon written charges filed by a resident taxpayer and after public hearing by the City Council.

(Prior code 17.52.040; Ord. 374 §1, 1990)

The members of the Board shall elect from among their members a vice-chairman to serve for a term of one (1) year. The City Clerk shall serve as secretary of the Board.

(Prior code 17.52.050)

In the performance of its duties, the Board may incur such expenses as shall be authorized by the City Council, but no member shall receive any compensation for his or her services.

(Prior code 17.52.060)

At any hearing any party may appear in person, by agent or by attorney.

(Prior code 17.52.070)

All meetings of the Board shall be open to the public.

(Prior code 17.52.080)

The Board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, which minutes shall be immediately filed in the office of the City Clerk and shall be a public record.

(Prior code 17.52.090)

The Board shall adopt reasonable rules governing all proceedings before it. Such rules provide and require as follows:

(1)

All hearings shall be held at a reasonable time and place;

(2)

Public notice shall be given of all hearings.

(Prior code 17.52.100)

The Board shall render its decision within a reasonable time after public hearing.

(Prior code 17.52.110)

Every decision shall be based on findings of fact and every finding of fact shall be supported in the record of the hearing. All testimony shall be presented publicly; provided, however, that the Board shall not take judicial notice of any fact and shall not consider the personal knowledge of any member unless the fact of which judicial notice is taken is made a part of the record and unless the personal knowledge of the member is presented publicly as testimony by such member.

(Prior code 17.52.120)

The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the applicant on any matter upon which the Board is required to pass under this Chapter or to effect any variation in this Chapter.

(Prior code 17.52.130)

Subject to all limitations enumerated in this Article, the Board shall have and exercise the following powers:

(1)

To hear and decide appeals and to review any order or decision of the Building Official and to hear and decide all matters referred to it or upon which it is required to pass under this Chapter or any amendment hereto;

(2)

To review, upon its own motion, any order or decision of the Building Official;

(3)

To reverse or affirm wholly or partly or to modify any order or decision of the Building Official appealed from, and to make such order or decision as in its opinion ought to be made in the premises, and to that end shall have all the powers of the inspector.

(Prior code 17.52.140)

Persons applying for appeal to the Zoning Board of Adjustment shall be assessed a filing fee in the amount established from time to time by resolution of the City Council.

(Prior code 17.52.150; Ord. 278 §2, 1983; Ord. 409 §23, 1991)