SECTION 12. BOARD OF ZONING APPEALS.

(A)   Creation, Powers and Duties.

    The Council shall provide by ordinance for a Board of Zoning Appeals to hear appeals for exceptions to, and variances in, the application of resolutions, ordinances, regulations, building codes, measures and orders of administrative officials or agencies governing zoning and building in the Municipality. The Board of Zoning Appeals shall have such other powers and duties, and shall follow such procedures as may be prescribed by ordinances of Council; provided, however, that the Board of Zoning Appeals shall have no power or authority to grant any change of or variance in any residential district from the existing zoning ordinances or the zoning map of the Municipality, or to permit any land use to become nonconforming therewith. The Board of Zoning Appeals shall have the authority to grant "Use" variances in non-residential districts, providing that same is approved by Council pursuant to Article III, Sections 10, 11, and 12 of this Charter. All decisions of the Board of Zoning Appeals shall be appealable by any interested person or entity to the Village Council. Council may review the minutes or records, or have a rehearing, at its discretion, and may affirm, modify, or reverse any decision of the Board of Zoning Appeals by a two-thirds vote of all members elected.

(Amended 11-3-15; 11-3-20.)

(B)    Composition and Terms.

   The Board of Zoning Appeals shall consist of five (5) electors of the Municipality. Four of such members shall be appointed for terms of four years by the Mayor, subject to confirmation by a vote of a majority of the members of Council; except that, of the four members initially appointed for terms beginning January 1, 1975, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, and one for a term of four years. The fifth member of the Board of Zoning Appeals shall be one of the five appointed elector members of the Planning and Zoning Commission, who shall be elected annually to the Board of Zoning Appeals by vote of at least four members of the Planning and Zoning Commission, prior to or at such Commission's first meeting each year. Such fifth member of the Board of Zoning Appeals shall serve for a term of one year, and shall be so elected by the Planning and Zoning Commission each year. No elected official of the Municipality or other member of the Planning and Zoning Commission shall be appointed to the Board of Zoning Appeals, but other appointed officials of the Municipality shall not be disqualified from serving as members thereof. The term of office of the present members of the Board of Zoning Appeals and the present members of the Board of Building Code Appeals, heretofore established by ordinance of Council, shall terminate upon the appointment and qualification of the members of the Board of Zoning Appeals created by this Charter. (Amended 5-8-84; 11-3-20.)

(C)    Vacancies and Removal.

   A vacancy occurring during the term of any member of the Board of Zoning Appeals shall be filled for the unexpired term in the manner authorized for an original appointment. The Mayor may at any time remove any member of the Board of Zoning Appeals for inefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance in office, incapacity or incompetency, provided, however, that such removal from office shall become final only after being confirmed by the affirmative vote of a majority of the members of Council. (Amended 5-8-84; 11-3-20.)

(D)    Officers, Rules, Quorum and Compensation.

   The Board of Zoning Appeals shall elect a Chairman of the Board of Zoning Appeals from among the four appointed electors members of the Board of Zoning Appeals. The Board of Zoning Appeals shall appoint a Secretary to the Board of Zoning Appeals, who need not be a member of the Board of Zoning Appeals and who may hold other municipal office or appointment. The Board of Zoning Appeals may appoint such other officers as it shall deem necessary, shall make its own rules and regulations and shall keep a journal of its proceedings. The officers of the Board of Zoning Appeals shall be elected by the Board of Zoning Appeals at or prior to its first meeting each year. The Board of Zoning Appeals shall meet upon call of the Chairman or any two members. A majority of the members of the Board of Zoning Appeals shall constitute a quorum for the transaction of business, and the affirmative vote of three members of the Board of Zoning Appeals shall be necessary for any official action. No variance shall be considered by the Board of Zoning Appeals until notice of the request has been sent to all property owners within 300 feet and all adjoining and facing property owners. Lack of service on any random property will not nullify any variance granted hereunder.

(Amended 11-7-95; 11-3-20.)