(A) To carry out the provisions of this chapter there shall be a Zoning Board of Appeals appointed by the Mayor and approved by the Council. This Zoning Board of Appeals shall consist of three regular members, one of which shall be the Mayor, none of which shall be members of Council, and three alternate members. If a regular member of the Zoning Board of Appeals is unable to serve because of absence in the village, illness, or is disqualified to serve by reason of having an interest in property affected by a matter before the Zoning Board of Appeals or otherwise disqualified by reason of conflict of interest, an alternate member shall serve instead. Selection of an alternate member or members to serve in each particular instance where a regular member is unable to serve shall be determined by lot. If sufficient alternate members are unable to serve for any of the reasons that a regular member would be unable to serve, the Mayor may select and Council may confirm sufficient additional alternate members to serve in a particular instance.
(B) Appointments shall be for five-year terms beginning January 1. The Village Council shall choose a successor to fill any vacancy. Each member shall serve until his or her successor is appointed and qualified. Vacancies shall be filled by the Village Council and shall be for the respective unexpired term. The members of the Zoning Board of Appeals may receive such compensation as the Village Council provides.
(C) The Zoning Board of Appeals shall interpret the provisions of this chapter in such manner as to carry out the intent and purpose thereof.
(D) The Zoning Board of Appeals shall rule on all proper applications for permits in such a manner as to carry out the intent and purpose of this chapter.
(E) The Chairperson of the Zoning Board of Appeals shall appoint a Clerk of the Zoning Board of Appeals, who may be a member thereof and who shall serve at the discretion of the Zoning Board of Appeals; it shall be the duty of the Clerk to keep a complete record of all the proceedings of the Zoning Board of Appeals.
(F) The Clerk shall prepare a complete record of the location, nature, and extent of all nonconforming uses. When such a nonconforming use ceases to exist, it shall automatically become a conforming use and the Clerk shall so inform the Zoning Board of Appeals and record such fact upon the records of the Zoning Board of Appeals.
(G) The Clerk of the Zoning Board of Appeals shall receive as compensation such amount as the Council shall set, payable from the Zoning Fund.
(H) The hearings of the Zoning Board of Appeals shall be public. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter. The Board shall hear any owner of property adjacent to the lot for which the granting of any zoning certificate is pending, and shall also hear any other parties having substantial interest as determined by the Board.
(I) 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 such fact, and shall keep records of its examinations and other official’s actions, all of which shall be immediately filed in the office of the Village Council and shall be a public record.
(J) The Board shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.
(K) The Board may call upon the various officials and employees of the village for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
(Ord. 1141, passed 9-1-1998)