(A) Creation And Membership: A board of appeals is hereby authorized to be established. The word "board" when used in this section shall be construed to mean the board of appeals. The said board shall consist of seven (7) members appointed by the president of the village with the advice and consent of the village board. One of said members shall be by the president designated as chairman of the said board and shall hold his office for a period of seven (7) years and until his successor is appointed and qualified. One of said members shall be by the president designated to hold office for six (6) years and until his successor is appointed and qualified. One of said members shall be by the president designated to hold office for five (5) years and until his successor is appointed and qualified. One of said members shall be by the president designated to hold office for four (4) years and until his successor is appointed and qualified. One of said members shall be by the president designated to hold office for three (3) years and until his successor is appointed and qualified. One of said members shall be by the president designated to hold office for two (2) years and until his successor is appointed and qualified. One of said members shall be by the president designated to hold office for one year and until his successor is appointed and qualified. At the expiration of the respective terms of office hereby created, and thereafter the members of said board shall be appointed in the manner hereinabove set forth for a term of seven (7) years each and until their respective successors are duly appointed and qualified. All of the members of said board shall serve without compensation, and they shall be subject to removal by the president and board of the village for cause and after public hearing.
(B) Meetings: All meetings of the board of appeals shall be held at the call of the chairman and at such other times as such Board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of such board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examination and other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the board shall immediately be filed in the office of the board and shall be a public record.
(C) Duties: The board of appeals shall hear and decide appeals from and review any order, requirement, decision or determination made by the building coordinator. It shall also hear and decide all matters referred to it or upon which it is required to pass. The concurring vote of five (5) members of the board shall be necessary to reverse any order, requirement, decision or determination of the building coordinator, or to decide in favor of the applicant any matter upon which it is required to pass.
Such an appeal may be taken by any person aggrieved or by an officer, department, board or bureau of the municipality. Such appeal shall be taken within such time as shall be prescribed by the board of appeals by general rule by filing with the building coordinator and with the board of appeals a notice of approval, specifying the grounds thereof. The building coordinator shall forthwith transmit to the board of appeals all the papers constituting the record upon which the action appealed from was taken.
(D) Stay Of Proceedings: An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of appeals after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of appeals, or by a court of record on application on notice to the officer from whom the appeal is taken, and on due cause shown.
(E) Powers:
1. The board of appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal is taken.
2. The board shall have the power to recommend to the village board such changes in the district boundaries or regulations as it may deem necessary or desirable, as more particularly set forth in this chapter.
3. The board may from time to time adopt such rules and regulations as may be deemed necessary to carry into effect the provisions of this chapter.
4. The board shall have the power to call on any of the other village departments for assistance in the performance of its duties, and it shall be the duty of such other departments to render such assistance as may be reasonably required. (Ord. 37, 9-11-1941)