(A) Establishment.
(1) A Board of Zoning Appeals, hereinbefore and hereafter referred to by the term “Zoning Board”, is hereby authorized to be established.
(2) The Zoning Board shall consist of seven members appointed by the Chairperson and confirmed by the members of the County Board. The seven members of the first Zoning Board appointed shall serve terms as follows: one for one year, one for two years, one for three years, one for four years and three for five years, the successor to each member so appointed to serve for a term of five years. Vacancies shall be filled by the Chairperson of the County Board for the unexpired terms only, subject to confirmation by the County Board. The County Board shall have the power to remove any member of the Zoning Board for cause, after a public hearing upon giving ten days notice thereof. At the time of appointment to the Zoning Board, not more than one of the members shall be a resident within the limits of any one congressional township. The Chairperson of the County Board shall name one of the members of the Zoning Board as Chairperson upon his or her appointment, and in case of vacancy, shall name the Chairperson.
(B) Meetings.
(1) Regular meetings of the Zoning Board shall be held at the time and place within the County as the Zoning Board may determine. Special meetings may be held at the call of the Chairperson, or as determined by the Board. The Chairperson or, in his or her absence, the acting Chairperson may administer oaths and compel attendance of witnesses. All meetings of the Zoning Board shall be open to the public.
(2) The Zoning Board shall keep minutes of its proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating the facts and shall also keep records of its examinations and other official actions. Every rule, regulation, every amendment or appeal thereof, and every order, requirement, decision or determination of the Zoning Board shall immediately be filed in the office of the Board and shall be a public record. Four members of the Zoning Board shall constitute a quorum, and the concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Administrator in any matter upon which it is required to pass under this chapter, or to effect any variation or modification in this chapter to the County Board. In the performance of its duties, the Zoning Board may incur expenditures as shall be authorized by the County Board. The Zoning Board shall adopt its own rules of procedures not in conflict with the state or this chapter.
(3) The Zoning Board shall have a recording secretary at each Zoning Board meeting, to record the proceedings of the public hearing. The secretary is to be appointed by the County Board.
(C) Jurisdiction.
(1) The Zoning Board shall hear and decide appeals from any order, requirement, decision or determination made by the Administrator. It shall also hear and decide all matters referred to it or upon which it is required to pass under this chapter.
(2) The Zoning Board may reverse or affirm wholly or partly or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the Zoning Board may decide to be fitting and proper in the premises and, to that end, the Zoning Board shall also have all the powers of the officer from whom the appeal is taken.
(3) When a property owner shows that a strict application of the terms of this chapter relating to the use, construction or alteration of buildings or structures, or to the use of land, imposes upon him or her practical difficulties or particular hardship, then the Zoning Board may in the following instances only make the variations of the strict application of the terms of this chapter, as are in harmony with its general purpose and intent when the Zoning Board is satisfied, under the evidence heard before it, that a granting of the variation will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship so great as to warrant a variance:
(a) To permit the reconstruction of a non-conforming building (but excluding residences and farm buildings) which has been destroyed or damaged to an extent of more than 50% of its assessed value by fire or act of God, or the public enemy, where the Zoning Board shall find some compelling public necessity requiring a continuance of the non-conforming use, but in no case shall a permit be issued if its primary function is for financial gain.
(b) To permit the remodeling or expansion of a non-conforming use where the Board finds public necessity and convenience in the continuance or expansion of the non-conforming use and that the remodeling or expansion does not materially affect the other uses in the neighborhood.
(4) Nothing herein contained shall be construed to give or grant to the Zoning Board the power or authority to alter or change this chapter, the power and authority being reserved to the County Board.
(5) The Zoning Board may impose conditions and restrictions upon the use of the premises benefitted by a variance, as it may deem necessary.
(D) Appeals, how taken.
(1) Any person aggrieved or any officer, department, board or bureau of the county may appeal to the Zoning Board to review any order, requirement, decision or recommendation made by the Administrator. Any notice of appeal shall be accompanied by the required filling fee as established by the County Board.
(2) The appeal shall be made within 45 days after the date of written notice of the decision or order to the Administrator and a notice of appeal specifying the grounds thereof. The Administrator shall forthwith transmit to the Zoning Board all papers constituting the record upon which the action appealed from was taken and a public hearing scheduled.
(3) An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrator certifies to the Zoning Board, after the notice of appeal has been filed with him or her, that by reason of facts stated in the permit, a stay would in his or her opinion, cause imminent peril to life or property. In this case, proceedings shall not be stayed otherwise than a restraining order which may be granted by the Zoning Board, or by a court of record on application, on notice to the Administrator, and on due cause shown.
(4) The Zoning Board shall fix a reasonable time for hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. Upon hearing, any party may appear in person, by agent or by attorney.
(Prior Code, § 152.122) (Ord. passed 3-9-1976; Ord. passed 11-12-1992; Ord. passed 9-24-2009; Res. 2017-14, passed 11-16-2017; Res. 2018-14, passed 8-23-2018)