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(a) Duties: The Board of Zoning Appeals shall be responsible for the following duties:
(1) Appeals from Administrative Decision: To hear and decide appeals in accordance with Chapter 1137, where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Inspector. The consideration of such appeals in accordance with Article ____, Section ____, Appeals shall include but not be limited to the following:
A. To determine if uses not specifically mentioned in this Regulation are similar to uses permitted within a district in accordance with Article _____, Section _______;
B. To determine the exact location of any district boundary in accordance with Article _____, Section _____, if there is any uncertainty as to the exact location involved.
(2) Authorize Variances: To authorize, upon appeal, in specific cases, such variances from the terms of this Zoning Regulation as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of this Zoning Regulation will result in unnecessary hardship, and so that the spirit of this Zoning Regulation shall be observed and substantial justice done. The consideration of such variances shall be in accordance with Chapter 1137.
(3) Conditional Uses: To grant conditional use authorization for specified use of land, buildings, or other structures where the spirit of this Zoning Regulation is observed.
(b) Creation and Membership: The Village Council shall appoint the Board of Zoning Appeals. The Board of Zoning Appeals shall be composed of five members who shall be residents of the incorporated territory of the Village. The terms of members shall be such length and so arranged that the term of one member shall expire each year, thus each member shall serve a five (5) year term. Each member shall serve until his successor is appointed and qualified. Vacancies shall be filled by the Village Council and shall be for the unexpired term.
(c) Removal of Member: Members of the Board of Zoning Appeals shall be removable by the Village Council for nonperformance of duty, misconduct in office, or other cause upon written charges being filed with the Council after a public hearing has been held regarding such charges.
A copy of the charges shall be served upon the member so charged at least ten (10) days prior to such hearing, either personally, by registered mail, or by leaving such copy at his or her usual place of residence. The member shall be given an opportunity to be heard and answer such charges.
(d) Organization: The Board of Zoning Appeals shall elect its own officers annually and shall adopt the rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Regulation.
(e) Meetings: Meetings shall be held at the call of the chair and at such other times as the Board of Zoning Appeals may determine. A majority of the members of the Board of Zoning Appeals shall constitute a quorum for the conducting of business. The chair or, in his absence, the acting chair, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board of Zoning Appeals shall keep minutes of its proceedings, showing the vote of each member upon question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record.
(f) Official Action: The Board of Zoning Appeals shall act by resolution or motion on which three members must concur, otherwise no official action is taken. The results of such action shall be forwarded to the applicant, showing the vote of each member upon each question, or if absent, or failing to vote indicating such facts and a statement of the facts of each appeal considered by the Board of Zoning Appeals, and the section(s) of this Zoning Regulation where applicable which the Board of Zoning Appeals has considered in approving or disapproving any petition or other matter brought before it. The Board of Zoning Appeals may reconsider any official action based upon the uncovering of a procedural error or if information which was a part of the basis for decision was found to be invalid or if additional pertinent information becomes available.