A. Created to Have Certain Powers. There is created a board of adjustment to have and exercise the following powers:

1. To hear and decide appeals from any order, requirement, decision, or determination made by the city manager in the enforcement of this chapter;

2. To hear and decide special exceptions to the terms of this chapter upon which such board of adjustment under such regulations may be required to pass;

3. To hear and decide specific variances.

B. Membership.

1. The board of adjustment shall consist of five members, which shall initially be the members of the airport zoning board, one of whom will serve a term of one year, two of whom shall serve a term of two years, and two of whom shall serve a term of three years. All subsequent terms shall be for the period of three years, or until a successor has been duly appointed. Any vacancies occurring shall be filled by the appointing authority for the unexpired term of such vacancy.

2. Future members shall be appointed by the city commission, except in those years when two terms expire, at which time, one of those vacancies shall be filled by appointment of the county commission.

3. Members shall be removable by the appointing authority for cause, upon written charges, after a public hearing.

C. Rules of Procedure.

1. The board of adjustment shall adopt rules for its governance and procedure in harmony with the provisions of this chapter.

2. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board of adjustment may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.

3. All hearings of the board of adjustment shall be public.

4. The board of adjustment shall keep minutes of its proceedings showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the city clerk, and shall be public record.

D. Findings of Fact and Conclusions of Law. The board of adjustment shall make written findings of fact and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this chapter.

E. Decision-making Power. The concurring vote of a majority of the members of the board of adjustment shall be sufficient to reverse any order, requirement, decision or determination of the city manager or to decide in favor of the applicant or any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter. (Ord. 1022 § 9, 1974).