(A) Creation and membership. A Zoning Board of Appeals is hereby authorized to be established. Whenever the word BOARD is used in this section, it shall be construed to mean the Board of Appeals. The Board of Appeals shall consist of five members, plus two alternate members if desired, appointed by the Chairperson of the County Board by and with the consent and advice of the County Board to serve, respectively, for the following terms: one for one year, one for two years, one for three years, one for four years, and one for five years; and the alternate members shall serve respectively for four years and five years. The successor to each member so appointed shall serve for a term of five years. Alternate members, if appointed, shall serve as members of the Board only in the absence of regular members, with the alternate member who has the greatest amount of time remaining in his or her term to have priority over the other alternate member in determining which alternate member shall serve in the absence of a regular member. All members of the Board shall be residents of separate congressional townships at the time of their appointment. One of the members so appointed shall be named as Chairperson at the time of his or her appointment, and in case of vacancy, the appointing authority shall designate a Chairperson. The appointing power shall have the power to remove any member of the Board for cause, after a public hearing. Vacancies shall be filled by the appointing authority for the unexpired term of any member whose place has become vacant.
(B) Jurisdiction. The Zoning Board of Appeals is hereby vested with the following jurisdiction and authority:
(1) To hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator under this chapter;
(2) To hear all applications for special uses, variations, and amendments to this chapter in the manner prescribed by, and subject to, the standards established herein, and report the findings and recommendations to the County Board;
(3) To hear and decide all applications for variations to this chapter in the manner prescribed by, and subject to, the standards established herein; and
(4) To hear and decide all matters referred to it or upon which it is required to pass under this chapter as prescribed by the statute.
(C) Meetings and rules. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at times as the Board may determine. Hearings shall be conducted by the Board and shall be open to the public. Any person may appear and testify at a hearing, either in person or by duly authorized agent or attorney. The Chairperson is empowered to administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, every amendment, and every order, requirement, decision, or determination of the Board shall be filed immediately in the office of the Zoning Administrator and shall be a public record. The Board shall adopt its own rules and procedure, not in conflict with this chapter or with the applicable state statutes, and may select or appoint any officers as it deems necessary.
(D) Finality of decisions of the Zoning Board of Appeals. All decisions and findings of the Zoning Board of Appeals on appeal of administrative decision shall, in all instances, be final and shall be subject to review by court as by law may be provided.
(Ord. O-95-2-12, passed 2-9-2012)