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A. Authority for Continuation

The Board of Zoning Appeals is continued in accordance with the provisions of KSA 12-759 et seq. and amendments thereof.

B. Membership, Terms and Vacancies

1. The Board shall consist of no less than five (5) and no more than seven (7) residents of Olathe appointed by the Mayor and approved by the Governing Body.

2. None of the members shall hold any other public office for the City except as a member of the Planning Commission.

3. Members shall be appointed for terms of three (3) years each.

4. Vacancies shall be filled for the unexpired term only and members shall serve without compensation. Members may be removed for cause by the Mayor and Governing Body upon written charges and after public hearing.

C. Officers

The Board of Zoning Appeals shall elect one (1) of its members as chairperson and one (1) as vice-chairperson who shall serve one (1) year from the date of his or her election. In addition, the Board shall appoint or elect a secretary, who may be an officer or an employee of the City, who shall serve until his or her successor is appointed.

D. Meetings

1. Meetings of the Board shall be held at the call of the chairperson; provided, that whenever a quorum of the members of the Board requests the chairperson to summon a meeting of the Board, the chairperson shall call a meeting.

2. The presence of three (3) members of the Board is a quorum for transacting business and taking official action if the Board consists of five (5) members, and the presence of four (4) members of the Board is a quorum for transacting business and taking official action if the Board consists of six (6) or seven (7) members.

3. A concurring vote of a quorum of the Board is required to affect a ruling of the Board.

4. The secretary shall keep minutes of the Board’s proceedings and official actions, and keep records of its examinations and findings, and shall file these in the Planning Division.

E. Powers and Duties

The Board has those powers and duties authorized by this ordinance and by KSA 12-741 as amended. (Ord. 17-52 §§ 36, 41, 2017; Ord. 02-54 § 2, 2002)