CHAPTER XVI. ZONING AND PLANNINGCHAPTER XVI. ZONING AND PLANNING\ARTICLE 2. BOARD OF ZONING APPEALS

The Board shall consist of five (5) members, who shall be appointed by the Mayor, with the consent of the City Council. Said members shall serve terms of office as follows:

Thereafter, the members of said Zoning Board shall be selected to serve a four (4) year term of office as the vacancies occur for the offices above mentioned. Whenever a vacancy shall occur in the membership of the Board, a member shall be selected to fill such vacancy in such a manner as and for the unexpired term as the member he or she is succeeding. The Board shall elect a chairman from its membership, shall appoint a Secretary and shall adopt the rules for conducting its affairs.

(Ord. 483; Code 2013)

The Zoning Board shall have the following powers and duties: The Board shall establish the zones and districts for the City of Plains, and shall draft the zoning map of the City, clearly showing the zones and districts and the boundaries of each. Further the Board shall have the following power:

(a)   To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this act or of any ordinance adopted pursuant thereto.

(b)   To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance.

(c)   To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial ,justice done.

(Ord. 483; Code 2013)