[Added 1-25-1979 by Ord. No. 778; amended 12-28-2004 by Ord. No. 1344]
There are hereby created four positions as alternate
members to the Zoning Board of Adjustment. Alternate members shall
be designated by the Chairman of the Zoning Board of Adjustment as,
"Alternate No. 1," "Alternate No. 2," "Alternate No. 3," and "Alternate
No. 4."
The Board of Adjustment shall elect a Chairman
and Vice Chairman from its members and shall also select a Secretary
who may or may not be a Board member or another municipal employee.
[Amended 4-21-2005 by Ord. No. 1353]
There is hereby created the office of Attorney
to the Zoning Board of Adjustment. The Board of Adjustment may annually
appoint, employ or contract for and fix the rate of compensation of
said Attorney, who shall be an attorney other than the Municipal Attorney,
and the Board may employ or contract for and fix the compensation
of experts and other staff and services as it shall deem necessary,
not exceeding, exclusive of gifts or grants, the amount appropriated
by the governing body for its use. The amount paid from escrow to
the Board Attorney, if any, shall not exceed the rate set by the governing
body and shall not supplement said amount. In no event shall compensation
for the Board Attorney, from any source, exceed the rate set by the
governing body and shall not supplement said amount, which shall not
exceed $75 per hour, unless the Council shall amend said amount at
its annual reorganization meeting.
In exercising the above-mentioned power, the
Board of Adjustment may reverse or affirm, wholly or partly, or modify
the action, order, requirement, decision, interpretation or determination
appealed from and to that end have all the powers of the administrative
officer from whom the appeal was taken.
Any variance from the terms of this chapter
hereafter granted by the Board of Adjustment, permitting the erection
or alteration of any structure or structures or permitting a specified
use of any premises, shall expire by limitation unless such construction
or alteration shall have been actually commenced on each and every
structure permitted by said variance or unless such permitted use
has actually been commenced within one year from the date of publication
of the notice of the judgment or determination of the Board of Adjustment;
except, however, that the running of the period of limitation herein
provided shall be tolled from the date of filing an appeal from the
decision of the Board of Adjustment to the governing body or to a
court of competent jurisdiction until the termination in any manner
of such appeal or proceeding.