Zoneomics Logo
search icon

Havana City Zoning Code

CHAPTER 17

20 - BOARD OF APPEALS

Sections:


17.20.010 - Variations.

The Board of Appeals, after a public hearing, may determine and vary the application of the regulations set forth in this title in harmony with the general purpose and intent, only in the specific instances set forth in this chapter.

17.20.020 - Board of Appeals—Membership.

A.

The Board of Appeals shall consist of seven members to serve five-year terms. Members shall be appointed by the Mayor with the concurrence of the City Council. One member of the Board shall be a member of the Planning Commission.

B.

A chairperson shall be elected by the Board membership to serve a one-year term. Meetings of the Board shall be called by the chairperson. Four members of the Board shall constitute a quorum.

C.

The Board shall select one of its members as Secretary, who shall keep the minutes of the meetings of the Board and shall keep its records and files.

17.20.030 - Duties.

A.

The Board shall keep minutes of its meeting, showing the vote of each member upon every question, including whether the member was absent or failed to vote. Every action, decision or determination of the Board shall be signed by the Chairperson, attested by the Secretary, and filed in the office of the City Clerk.

B.

The Board shall hear and decide appeals from any order, requirement, decision or determination made by the Zoning Administrator under this title.

C.

The Board shall hear and decide all matters specifically referred to it by the provisions of this title.

D.

The Board shall hear and decide requests for variations in the application of the regulations imposed by the ordinance codified in this title as set forth in this chapter.

17.20.040 - Voting.

The concurring vote of four members of the Board is required to reverse any order, requirement, decision or determination of the Zoning Administrator. A simple majority of the Board members present is required to permit any variation in the application of the regulations imposed by this title or to decide in favor of the applicant on any matter upon which it is required to act under this title.

17.20.050 - Testimony.

All testimony by a witness shall be taken under oath and shall be made a part of the official Board of Appeals meeting records.

17.20.060 - Public hearings.

A public hearing concerning an appeal shall be held prior to any action by the Board. Procedures for the public hearing shall be in accordance with Section 17.28.040.