§ 250-55. Board of zoning appeals—Generally.

(a)

Establishment and composition. The governing body may appoint a board or boards of zoning appeals for its planning area or areas, or may act as such board or boards of zoning appeals itself. Boards of zoning appeals shall have not less than five nor more than ten members. Not more than two members of a board of zoning appeals may be members of a planning commission.

(b)

Tenure, organization. Unless the governing body acts as a board of zoning appeals, then terms of office, removal from office; vacancies, shall be treated as follows:

(1)

Terms of office of members of the board of zoning appeals shall be for not less than two nor more than four years, and not more than a minority of such members' terms shall expire in any one year.

(2)

Any member of a board of zoning appeals may be removed from office for just cause by four-fifths vote of the full membership of the appointing governing body, but such member shall be entitled to a public hearing if he so requests in writing within 30 days of the date upon which the vote is taken.

(3)

Wherever a vacancy occurs on a board of zoning appeals which reduces the membership of the board of zoning appeals below five, the governing body shall fill such vacancy for the remainder of the term, within 30 days after the vacancy occurs. No meetings of a board of zoning appeals shall be held when the membership is less than five.

(c)

Officers, rules of procedure, employees and expenses. Boards of zoning appeals shall elect a chairman and vice-chairman from among the members, and may create and fill such other officers as are determined to be necessary. Terms of all offices shall be for one year, with eligibility for reelection.

(1)

Boards of zoning appeals shall adopt rules for the transaction of business, and shall keep a record of resolutions, transactions, findings, and determinations. Boards of zoning appeals may provide for transcription of such hearings and proceedings, or portion of hearings and proceedings, as may be deemed necessary. All such records shall be public records.

(2)

Boards of zoning appeals may, subject to the approval of the governing body concerned and within the financial limitations set by appropriations made or other funds available, employ such experts, technicians and staff as may be deemed proper, pay their salaries and make such other expenditures as are necessary to conduct the work of the board of zoning appeals and effectuate its purposes.

(3)

Members of boards of zoning appeals may receive such travel and other expenses while on official business for the board as are made available by the governing body for these purposes.

(d)

Appropriations, fees and other income. The governing body for the area under the jurisdiction of a board of zoning appeals is hereby authorized and empowered to make such appropriations as it may see fit for the conduct of the work of the board of zoning appeals. The governing body is authorized and empowered to establish a schedule of fees, charges and expenses, and a collection procedure therefor.

(Laws of Fla. ch. 67-1246, § 13)

Code reference— Boards, commissions, committees and councils, § 2-816 et seq.

Land development code reference— Board of zoning appeals, § 250-55.