§ 91.0. General procedure.  


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  • 91.1 OFFICERS AND VOTING. The Board of Adjustment shall select a chairman and vice-chairman from among its members and may create such other offices as it may determine.

    91.2 RULES OF PROCEDURE. The Board of Adjustment shall adopt rules of procedure necessary to its governance and the conduct of its affairs, in keeping with the applicable provisions of the Code of Alabama, and this Ordinance. Such rules of procedure shall be in written form available to persons appearing before the Board and to the public.

    91.3 MEETINGS. Meetings shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine. Meetings shall not be held without at least twenty-four (24) hours notice to each member. The Board of Adjustment shall have the power to take testimony under oath and compel the attendance of witnesses.

    91.4 QUORUM; MINUTES; PUBLIC RECORDS. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member (including the Chairman or Vice-Chairman) of if absent or failing to vote, indicating such fact. The Board shall keep records of its examinations and other official actions, all of which shall be a public record and be filed immediately in the Office of the Board.

    Persons appearing before the Board shall have no right of challenge of any Board member; provided this provision shall not prohibit any person appearing before the Board from placing in the record a statement alleging bias and requesting disqualification for bias of any member or alternate member.

    A quorum for the transaction of business shall consist of four (4) members; provided that no action that reverses the decision of the Administrative Officer shall be taken without the concurring votes of four (4) members.

    91.5 DISQUALIFICATION OF MEMBERS. If any member of the Board of Adjustment shall find that his private or personal interests are involved in the matter coming before the Board, he shall disqualify himself from all participation in that case; or he may be disqualified by the votes of four (4) members of the Board, not including the member about whom the question of disqualification has been raised. No member of the Board of Adjustment shall appear before the Planning Commission or City Council as agent or attorney for any person.