§ 1129. Zoning board of appeals.

(a)

Composition . There is hereby established a zoning board of appeals which shall consist of seven (7) members, each of whom shall be a resident of the county. Each member of the zoning board of appeals of commissioners shall make one (1) appointment to the zoning board of appeals of an individual who shall reside in the appointing commissioner's district.

(b)

Appointment . A member of the zoning board of appeals may be removed by the board of commissioners at any time for failure to attend three (3) consecutive meetings or for failure to attend seventy-five (75) percent or more of the meetings within any calendar year or by the elected appointing member of the board of commissioners for any other good cause related to performance of duties. It shall be the duty of the secretary of the zoning board of appeals to keep a record of the attendance of members and to notify both the zoning board of appeals member and the board of commissioners when any zoning board of appeals member is removed pursuant to the failure to attend meetings requirement of this section. No hearing before the board of commissioners is allowed for a removal for a violation of the failure to attend meetings requirement. Such removal shall be effective ten (10) days following notification by the secretary of the zoning board of appeals to the board of commissioners. The appointing elected member of the board of commissioners shall have the authority to remove his/her zoning board of appeals appointee for cause, other than for failure to attend meetings, by providing written notice to the secretary and the zoning board of appeals member proposed to be removed. Upon request of the zoning board of appeals member proposed for removal for cause other than for a failure to attend meetings, the board of commissioners shall hold a hearing on the removal before it becomes effective. If a member of the zoning board of appeals is still serving at the time his/her appointing elected official vacates his/her office, that member of the zoning board of appeals shall only continue to serve until a successor is appointed and qualified by the incoming elected official. Members of the zoning board of appeals may be reappointed to successive terms without limitation. Any vacancy in the membership of the zoning board of appeals shall be filled for the unexpired term in the same manner as the initial appointment. Members of the zoning board of appeals shall hold no other county office or county compensated position. If a member of the zoning board of appeals appointed by an individual elected official moves outside the district of the appointing elected official, that action shall constitute a resignation from the zoning board of appeals, effective immediately.

(c)

Training . No person shall serve or continue to serve as a member of the zoning board of appeals until they have been certified by the planning director as having completed a training session sponsored by the county.

(d)

Compensation . The governing authority shall determine the amount of compensation, if any, to be paid to the members of the zoning board of appeals.

(e)

Meetings of the zoning board of appeals . The zoning board of appeals shall meet each month at a standard day and time to be determined by the board. The chairperson may, when necessary, call for special meetings of the zoning board of appeals. A meeting may be canceled by the chairperson if there are no matters to be acted upon by the zoning board of appeals.

(f)

Rules of procedure . The zoning board of appeals shall conduct its meetings in accordance with the procedures required by this act [division] or other applicable law. The zoning board of appeals shall further adopt rules of procedure governing the conduct of its meetings, which rules shall be supplemental to and not conflict with applicable law. In any case where the rules do not address a procedural issue which arises before the zoning board of appeals, the most recent edition of Robert's Rules of Order shall govern. The zoning board of appeals may from time to time amend its rules by majority vote. A copy of the adopted rules of procedure and any subsequent amendment thereto shall be filed by the secretary of the zoning board of appeals with the clerk to the chief executive officer and the board of commissioners, and copies of the rules shall be made available to the public by the secretary of the zoning board of appeals and the clerk to the chief executive officer and the board of commissioners.

(g)

Hearings open to public . All meetings of the zoning board of appeals shall be open to the public, and the agenda for each board meeting shall be made available to the public at least fifteen (15) days prior to any meeting of the zoning board of appeals. Notice of all meetings of the zoning board of appeals shall be given in accordance with the applicable requirements of law and the county's zoning ordinance.

(h)

Quorum, voting, and actions by zoning board of appeals . A quorum of the zoning board of appeals shall consist of at least four (4) members of the board, except that a lesser amount shall be sufficient to recess or adjourn any meeting; but no official action shall be taken except upon the affirmative vote of at least four (4) members of the zoning board of appeals. A roll call vote shall be taken upon the request of any member. If there is not a quorum present, all items shall be rescheduled and re-advertised for the next regular meeting.

(i)

Annual organizational meeting . At its first regular meeting of each January, the zoning board of appeals shall, by majority vote of its membership, elect one (1) of its members to serve as chairperson to preside over the zoning board of appeals' meetings and one (1) member to serve as vice chairperson. The persons so elected shall serve in these capacities for a term of one (1) year or until a replacement is elected. Vacancies may be filled for the unexpired terms only by majority vote of the board membership. The chairperson and vice chairperson may take part in all deliberations and vote on all issues. The chairperson and the vice-chairperson may be elected to successive terms without limitation.

(j)

Staff support . The director of planning or his/her designee shall serve as secretary to the zoning board of appeals. The planning department staff shall make audio or video recordings and keep minutes of the proceedings of the board, showing the vote of each member upon each item, or if absent or failing to vote, indicating such fact, and shall keep records of its official actions and evidence submitted, all of which shall be filed in the office of the planning department and shall be a public record.

(k)

Staff analysis, findings of fact, and recommendation on each application for a variance . The staff of the planning department shall conduct a site inspection of and shall prepare an analysis of each application for a variance applying the applicable criteria and standards set forth in the county's zoning ordinance to each such application. Staff shall present its findings and recommendations in written form to the zoning board of appeals at least seven (7) days prior to the public hearing thereon. Notwithstanding staffs obligations to present its findings and recommendation, the failure to timely do so shall not nullify the zoning board of appeals' action on the item, constitute a ground for denial, or constitute grounds for appeal of a decision by the zoning board of appeals.

( H.N. Ord. of 8-25-2015, Pt. I )