§ 23-206. Board of appeals.

Sec. 23-206.1 Designated. The City of Lake Wales Board of Zoning Adjustment and Appeals is designated, and referred to herein, as "the board of appeals".

Sec. 23-206.2 Composition of board of appeals and terms of members.

a. The board of appeals shall consist of five (5) regular members who shall be appointed by the governing body in accordance with section 2-26 of the Lake Wales Code of Ordinances, except that all members shall be residents of the city.

b. Regular members shall be appointed to three-year terms, staggered so that three (3) regular members are appointed or reappointed in one (1) year, and two (2) regular members are appointed or reappointed in each of two (2) other years. Regular members serving on the board of zoning adjustment and appeals at the time this ordinance is adopted shall serve the terms to which they were originally appointed.

c. All vacancies on the board of appeals shall be filled within thirty (30) days. Any member may be removed by the mayor with the approval of the city commission for inefficiency, neglect of duty, malfeasance, conflict of interest or similar cause, after written notice and a public hearing.

Sec. 23-206.2 Rules of procedure.

a. The board of appeals shall elect from its membership one (1) member to serve as chairman and one (1) to serve as vice-chairman.

b. The term of the chairman, vice-chairman and secretary named by the board of appeals shall be for a period of one (1) year with eligibility for re-election.

c. The board of appeals shall hold regular meetings at the call of the chairman and at such other times as the board may determine. Special meetings may be called by the chairman or vice-chairman with twelve (12) hours of notice.

d. The board of appeals shall adopt rules for transaction of its business and shall keep a public record of its resolutions, transactions, findings and determinations which record shall be filed with the official records of the city.

Sec. 23-206.3 Functions, powers and duties.

a. To hear and decide appeals where it is alleged that there is an error in any order, decision or determination of the administrative official in the enforcement of these zoning regulations;

b. To authorize such variance from the terms of these zoning regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these zoning regulations would result in unnecessary and undue hardship. A variance from the terms of these zoning regulations shall not be granted until a public hearing is held before the board of appeals;

c. To hear and decide appeals where the planning board has denied an application for a special exception use permit or site plan approval;

d. To perform any other duties which are lawfully assigned to it by the city commission.

(Ord. No. 2008-28, § 2, 9-2-08)