§ 83. Board of Municipal and Zoning Appeals: General powers and duties.

(a) Meetings; Minutes; Hearings.

The Board shall hold meetings at such times as it may by rule prescribe. Minutes shall be kept of all its proceedings, showing those present and their vote on each question submitted. These minutes and all other records of the Board shall be public records and kept at the office of the Board. All hearings held by the Board or its panels shall be open to the public.

(b) Rules of proceedings.

The Board shall adopt rules for the conduct of its proceedings, which may be modified or repealed by ordinance. The rules shall be in writing and when adopted shall be immediately filed in the office of the Board and shall be a public record. A copy thereof (and of any amendments thereto) shall also be filed with the Department of Legislative Reference.

(c) Zoning appeals.

The Board shall sit to hear zoning appeals. The hearing shall be conducted by all members present and if five members of the Board are present, the concurring vote of at least four members of the Board is necessary to reverse any order, requirement, decision, or determination of an administrative official, or to decide in favor of the applicant on any matter on which it is required to pass under a zoning ordinance or to effect any variation in such ordinance. If only four members of the Board are present, the concurring vote of at least three members is necessary to take any action under this subsection. In other cases, the Board may sit in panels of not less than two members each and, in such cases, the concurrence of at least two members shall be required to make a decision of the Board.

(d) Oaths and subpoenas.

The Board shall have power to administer oaths in hearings before it, to compel the attendance of witnesses and, pursuant to its rules, to require any person to answer in writing and under oath any interrogatories it may direct to such person as to any matter pending before it or subject to its action or review.

(e) Executive Secretary; Staff.

The Board shall appoint an Executive Secretary and such other employees as may be provided in the Ordinance of Estimates.

(f) Access to agency records.

The Board shall have access, through its agents and employees, to the plats and records of all other departments of the City.