(A) Creation and procedure.
(1) A Board of Appeals is hereby created. The word Board when used in this section shall be construed to mean the Board of Appeals. The Board shall consist of seven members appointed by the President and confirmed by the Board of Trustees of the village. The members of the Board shall serve respectively for the following terms: one for one year; one for two years; one for three years; one for four years; one for five years; one for six years; and one for seven years; the successor to each member so appointed to serve for a term of five years; one of the members so appointed shall be named as Chairman at the time of his appointment. The President of the village shall have the power to remove any member of the Board for cause and after a public hearing. Vacancies upon said Board shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of such member.
(2) All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson or at such other times as the Board may determine. All testimony by witnesses at any hearing provided for in this chapter shall be given under oath. The Chairperson, or in his absence the Vice Chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The 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 fact, and shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes of each case of a requested variation, specifying the reasons for making or denying such variation. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and shall be a public record. The Board shall adopt its own rules of procedure not in conflict with the statute in such case made and provided.
(3) The Zoning Board of Appeals shall decide matters as authorized by this chapter in a specific case and after public hearing. A concurring vote of four members of the Zoning Board of Appeals shall be necessary on any matter upon which it is authorized to decide by this chapter.
(B) Jurisdiction and authority. The Zoning Board of Appeals is hereby vested with the following jurisdiction and authority:
(1) To hear an appeal from an administrative order, requirement, decision, or determination made by the Zoning Administrator under this chapter, and to report its recommendations to the Village Board.
(2) To hear all matters referred to it upon which it is required to decide under this chapter and to report its recommendations to the Village Board.
(3) The concurring vote of four members of the Village Board shall be necessary to reverse any order, requirements, decision or determination of the Zoning Administrator or to decide in favor of the applicant any matter upon which it is required to pass under this chapter.
(Ord. 77-08, passed 6-28-77)