§ 2.5. Board of Adjustment.

A.

Establishment. The Board of Adjustment is hereby established in accordance with Article III, Section 6, of the Charter of the City of Daytona Beach, and State law.

B.

Powers and Duties. The Board of Adjustment shall have the following powers and duties under this Code:

1.

General Powers and Duties.

a.

To adopt rules governing its proceedings, conduct regular public meetings, call special meetings, and create committees to help carry out its powers and duties; and

b.

To carry out any other powers and duties delegated to it by the City Commission, in accordance with State law.

2.

Decide Applications for a Development Permit. To review and decide applications for a Variance (Section 3.4.V).

3.

Decide Appeals. To review and decide an Appeal of any development order, requirement, or determination by City staff, where the appeal requests a determination of disputed facts (Section 3.4.X).

C.

Membership, Appointment, and Terms of Office.

1.

The Board of Adjustment shall consist of seven regular members and one alternate member, appointed by the City Commission as a whole.

2.

Board members shall include one regular member nominated by each City Commissioner from among residents of the City Commissioner's zone, plus one regular member and one alternate member that are nominated by the Mayor and may be a resident of any City Commission zone.

3.

All board members shall be residents of the City and qualified electors.

4.

Board members shall be appointed for three-year, staggered terms, and may be reappointed to successive terms. Members shall continue to serve until their successors are appointed.

5.

Vacancies occurring for reasons other than expiration of term shall be filled for the period of the unexpired term only. If a vacating member was appointed from among residents of a particular City Commission zone, the replacement member also shall be a resident of that zone.

6.

When substituting for a regular member, the alternate member shall have the same powers and duties as the regular member.

7.

Board members shall serve without compensation.

D.

Attendance. If a voting member of the Board of Adjustment fails to attend three regularly scheduled board meetings during any 12-month period, the board shall consider the cause of the absences and if it deems it necessary, may request that the member resign or that the City Commission remove the member in accordance with subsection E below. The City Commission shall fill any vacancy created by resignation or removal of the board member in accordance with Section 2.5.C.5.

E.

Removal. Board of Adjustment members serve at the will of the City Commission and may be removed by the City Commission at any time, with or without cause. If a member is removed, the City Commission shall fill the vacancy in accordance with Section 2.5.C.5.

F.

Chair and Vice-Chair.

1.

The Board of Adjustment shall elect a Chair and a Vice-Chair from among its members, each to serve a one-year term. No member shall serve more than two consecutive full terms as Chair. The Vice-Chair may be elected to successive terms without limitation.

2.

The Chair shall preside over all board meetings, and may administer oaths and compel the attendance of witnesses. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair. If both the Chair and Vice-Chair are absent, the board shall vote to determine who shall serve as acting Chair for the meeting.

G.

Staff. The City shall provide clerical and professional staff liaison to the Board of Adjustment and shall provide for notification of board members of all meetings, the keeping of the minutes of the meetings, and administrative support.

H.

Meetings.

1.

Schedule. The Board of Adjustment shall adopt a schedule establishing the date, time, and location of regular meetings. The Chair may cancel a regular meeting on determining that there are no agenda items for consideration, and may call special meetings.

2.

Official Record. The Board of Adjustment shall keep a written record of its recommendations, transactions, and determinations. Such record shall include minutes of meetings in accordance with State law and shall be a public record. The record shall be filed with the City Clerk and shall be available for inspection by the public during normal business hours.

3.

Notice of Meetings. Notice of all Board of Adjustment meetings and public hearings shall be provided to the public in accordance with State law and the public hearing requirements in Section 3.3.E.3, Public Hearing Notice, as appropriate.

4.

Open Meetings. All meetings of the Board of Adjustment shall be open to the public.

I.

Quorum and Necessary Vote.

1.

Quorum. Five members of the Board of Adjustment shall constitute a quorum. No official business of the board shall be conducted without a quorum present.

2.

Voting. The affirmative vote of a majority of Board of Adjustment members present and voting is required to approve any item.

J.

Voting Conflicts. All board members shall comply with State law regarding voting conflicts.

K.

Rules of Procedure. The Board of Adjustment may adopt rules of procedure governing its procedures and operations. Copies of adopted rules of procedure shall be made available for public inspection in the office of the City Clerk during normal business hours.

L.

Sunshine Law Requirements. All meetings and decisions of the board shall comply with State Sunshine Law requirements.