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BOARD OF ZONING AND BUILDING APPEALS
There is hereby established a Board of Zoning and Building Appeals. The Board shall consist of three electors of the village who hold no other public office or public employment, selected by the Village Council, for terms of three years for overlapping terms. They shall serve without compensation. Vacancies shall be filled in the same manner for the unexpired terms. An unexpired term shall count as a full term if it is two years or longer. Service of Board members shall terminate one each January unless, in the discretion of the Mayor, pending hearings require the temporary continuation of the Board member whose term is to expire, but only until that business shall be completed. All appointments of Board members are by the Mayor with the confirmation of Council. Removal of members for cause upon written charges and after public hearings shall be in the jurisdiction of Village Council.
(Ord. 16-79, passed 10- -1979)
The Board shall adopt its own rules and elect its officers annually, a Chairperson, Vice-Chairperson and Secretary from its membership. The Chairperson, or in his or her absence the Vice-Chairperson, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Secretary shall keep minutes of the proceedings, indicating the vote of each member on each question, or if absent or failing to vote, so note. Also, the Secretary shall keep records of the Board’s examinations and other official actions, all of which are to be immediately filed in the office of the village and become public record. Finally, the Secretary shall conduct all official correspondence and supervise the clerical work of the Board. The duties of the Secretary may be cared for by the Fiscal Officer. Normally, notices of hearing and decisions of the Board shall be communicated directly to property owners affected and through newspapers and bulletin boards to the people of the village.
(Ord. 16-79, passed 10- -1979)
There shall be a first, second and third alternate named by the Mayor and also confirmed by Council. Once the Chairperson has decided on a date acceptable to the applicant and with reasonable time for notice to adjacent property owners and tenants, as well as the general public, the Fiscal Officer shall call the Chairperson, Vice-Chairperson and the Secretary about their attendance. Should one or more of them be unable to attend, an alternate shall be contacted to constitute a full Board of three. Normally, two of the three must approve Board decisions. Should only two Board members or alternates actually attend, the applicant has the option of re-scheduling the hearing or seeking a unanimous decision from the two present. The applicant must agree to the two-member Board in advance of the hearing and thereby be bound by their decision for or against his or her cause and if they fail to be unanimous shall be denied his or her permit.
(Ord. 16-79, passed 10- -1979)
The following shall apply for applications, appeals and hearings.
(A) Applications; when and by whom taken. The Board shall have power to hear and decide applications for exceptions to and variances in, the application of resolutions, ordinances, regulations and orders of administrative officials or agencies governing zoning and building in the village, as may be required to afford justice and avoid unreasonable hardship, subject to such reasonable standards and procedures as shall be prescribed by ordinance.
(B) Appeals; when and by whom taken. An appeal to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the village affected by any decision of the Village Planning Commission or Zoning Inspector. Such appeal shall be taken within 20 days after the decision, by filing with the Board a notice of appeal specifying the grounds thereof. The Village Planning Commission or Zoning Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(C) Contents of notice of appeal or application. No notice of appeal or application may be filed with the Board which does not contain drawings and written descriptions of the project sufficient to inform the Board and the adjacent property owners and tenants, as well as the people of the village, of the total scope of the project, along with the names and addresses of the property owners and tenants within 200 feet of the property in question. In communicating to neighbors and to the newspapers, care shall be taken by the Board Chairperson that the applicant’s project is fairly described to the mutual satisfaction of applicant and Board before a hearing date shall be selected.
(D) Hearings. The Board shall fix a reasonable time for the public hearing of the application or appeal and shall give notice by one publication in a news media of general circulation in the village at least ten days before the date of such hearing and, further, shall give written notice of said hearing to the parties in interest including all property owners within 200 feet of the property in question. Each application or appeal shall be accompanied by a check, payable to the village, or a cash payment, sufficient in the amount to cover the cost of publishing and/or posting and mailing the notices of the hearing or hearings, but in no event shall it be less than $50. At the hearing, any party may appear in person or be represented by an agent or attorney. Normally, the applicant or appellant shall present his or her position first at the hearing. Others who chose to speak shall identify themselves and their support or opposition in advance, so that equal time can be afforded both views.
(Ord. 16-79, passed 10- -1979; Ord. 7-80, passed 4-1-1980)
Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals, or any officer, department, board or bureau of the village may present to the Court of Common Pleas of the county in which the property is located a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds for the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the Board of Appeals. Any such case shall be heard and determined by the Court without a jury.
(Ord. 16-79, passed 10- -1979)
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