§ 17.124.020. Zoning board of adjustment membership.

A.

The board shall:

1.

Consist of seven members, all of whom reside within the Hamilton city limits;

2.

Be appointed by the mayor with the consent of the city council;

3.

Be appointed for a term of three years; and

4.

Make decisions by a concurring vote of four members of the zoning board of adjustment.

B.

Functions.

1.

To determine whether proposed conditional uses are appropriate and in the best interests of the public;

2.

To hear and decide the merits of appeals from the terms of the zoning regulations;

3.

To hear and resolve appeals of administrative actions in enforcing this Title 17. Such appeals shall be initiated within thirty (30) days of the administrative action.

C.

Zoning board of adjustment action.

1.

A quorum shall consist of four members;

2.

Concurring votes of at least four members of the zoning board of adjustment are required to conduct zoning board of adjustment functions, as listed in Section 17.124.030;

3.

Abstentions shall not be recorded as affirmative or negative votes; and

4.

If the zoning board of adjustment cannot act because of absences, abstentions, conflicts of interest or vacancies, the zoning board of adjustment shall refer the request to the city council for resolution. Concurring votes of at least four members of the city council are required.

(Ord. 225 (part), 2003)