A. Creation; Membership. The Zoning Board of Appeals shall consist of seven members appointed by the Village President and confirmed by the Board of Trustees. All members shall be residents of the Village. The members now serving shall continue to exercise all the powers and be subject to all the duties of members during the balance of their respective terms of office and until their successors are appointed and qualified. The Village President shall have the power to remove any member for cause and after a public hearing. A vacancy that may occur shall be filled for the balance of the unexpired term by appoint-ment of the Village President and confirmation by the Board of Trustees. All appointments of successors upon the expiration of any term of any member shall be for a period of five years and until a successor has been appointed and has qualified for office. All members of the Zoning Board of Appeals shall serve without compensation.
B. Chairperson and Acting Chairperson. The Village President shall name one member of the Zoning Board of Appeals as Chairperson, who shall preside at all public meetings and hearings and fulfill the customary functions of that office. In the absence of the Chairperson, an Acting Chairperson designated by the members of the Zoning Board of Appeals shall act as chairperson and shall have all the powers of the chairperson. The Chairperson shall have the power to administer oaths and compel the attendance of witnesses.
C. Staff Secretary; Minutes; Public Records. The Village Manager shall designate a Staff Secretary of the Zoning Board of Appeals, who shall attend all of its proceedings. The Staff Secretary shall provide for the keeping of minutes of the proceedings of the Board of Appeals, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact, and shall maintain permanent records of all Board of Appeals meetings, hearings, and proceedings and all correspondence of the Board of Appeals. The Village Clerk shall provide for keeping a file of all records of the Board of Appeals, and such records shall, except to the extent provided by the Illinois Freedom of Information Act, be public records open to inspection.
D. Quorum and Necessary Vote. No business shall be transacted by the Zoning Board of Appeals without a quorum, consisting of four members, being present. The concurring vote of at least four members of the Zoning Board of Appeals shall be necessary on any motion to reverse any order, requirement, decision, or determination appealed to it; to decide in favor of the applicant on any application made; or to effect any variation from the provisions of this Code. Any lesser vote on any such motion, even if a majority of those voting, shall be considered a final decision denying the appeal, application, or variation. If less than a quorum is present, the public hearing or meeting may be adjourned from time to time as provided in the Illinois Open Meetings Act. The Staff Secretary shall in writing notify all members of the Zoning Board of Appeals of the date of the adjourned public hearing or meeting and shall also notify such other interested parties as may be designated in the vote of adjournment.
E. Absent Members. No member absent from any portion of a proceeding shall be qualified to vote upon the matter heard unless that member shall first certify on the record that he or she has reviewed the entire record of any such portion of the proceeding during which he or she was absent and has fully informed himself or herself of the essential facts and issues of the matter being heard so as to be able to cast an informed and independent vote.
F. Meetings; Hearings; Procedures. Regular meetings of the Zoning Board of Appeals shall be held in accordance with the annual schedule posted in the Manager's office and at such other times as the members of the Zoning Board of Appeals may determine.
All meetings, hearings, and deliberations of the Zoning Board of Appeals shall be open to the public except when closed pursuant to the provisions of the Illinois Open Meetings Act.
All testimony at any hearing of the Zoning Board of Appeals shall be given under oath.
The Zoning Board of Appeals shall adopt its own rules of procedure for the conduct of its business not inconsistent with this Code and the statutes of the State of Illinois.
G. Record. The transcript of testimony, if any; the minutes; all applications, requests, and papers filed in any proceeding before the Zoning Board of Appeals; and the decision of the Zoning Board of Appeals shall constitute the record.
H. Decisions. Every decision of the Zoning Board of Appeals shall be memorialized in a written resolution which shall include findings of fact; shall refer to all pertinent evidence in the record and to the exhibits, plans or specifications upon which such decision is based; shall specify the reason or reasons for such decision; shall contain a conclusion or statement separate from the findings of fact setting forth the specific relief granted or denying relief; and shall expressly set forth any limitations or conditions imposed on any relief granted or work or use authorized. Such resolution may be incorporated into the minutes of the Zoning Board of Appeals.
The Zoning Board of Appeals may take final action on any decision pertaining to an application pending before it prior to the preparation of a written resolution, but in such event it shall, before taking such action, first state its findings and conclusions as above required at a meeting open to the public. The Zoning Board of Appeals' decision shall be deemed made as of the date of the taking of such final action. The written resolution incorporating such findings and conclusions shall be presented and approved at the next regular public meeting of the Zoning Board of Appeals.
In any case where this Code provides that the failure of the Zoning Board of Appeals to act within a fixed period shall be deemed to be a denial of an application, such failure shall, notwithstanding the absence of required findings and conclusions, be considered to be a decision of the Zoning Board of Appeals rendered on the day following the expiration of such fixed period.
The decisions of the Zoning Board of Appeals shall in all instances be considered final administrative determinations and shall be subject to appeal in accordance with the administrative review procedures established by State statute.
I. Conflicts. No member of the Zoning Board of Appeals shall participate in the hearing or disposition of any matter in which that member has an interest. Any conflict of interest prohibited by the Glencoe Village Code or State law shall disqualify a member.
J. Appeals. An appeal from any final decision of the Zoning Board of Appeals may be taken in the manner provided in Article III of the Illinois Code of Civil Procedure pertaining to administrative review.
K. Jurisdiction and Authority. The Zoning Board of Appeals shall have the following jurisdiction and authority:
1. Subject to the provisions of Section 7-402 of this Code, to hear and decide appeals from, and to review orders, decisions, or determinations made by the Village Manager and to that end have the powers of the Village Manager with respect to such order, decision, or determination.
2. Subject to the provisions and standards of Section 7-403 of this Code, to grant or deny variations from the requirements of this Code.
3. Upon reasonable written request, to make its special knowledge and expertise available to any official, department, board, or commission of the Village, County, State, or Federal governments to aid them in the performance of their respective duties relating to zoning and its admin-istration in the Village.
4. In furtherance of the above jurisdiction and authority, to make such investigations, maps, reports, and recommendations in connection therewith, relating to zoning and its administration in the Village as seem desirable to it; provided, however, that the expenditures of the Zoning Board of Appeals shall not exceed the amount appropriated therefor.