(A) General.
(1) Creation. A Zoning Board of Appeals is hereby created for the village, whose members shall also be the members of the Planning Commission. The Zoning Board of Appeals shall consist of five members who shall serve for a term of five years; provided that, the members first appointed after 8-1-2010 shall serve terms as follows: one shall serve a term of one year; one for two years; one for three years; one for four years; and one for five years; the successor to each member so appointed to serve a term of five years. One of the members so appointed shall be named as Chairperson at the time of his or her appointment. The terms of the members shall commence on the date of their appointment. The amount of compensation, if any, shall be $35 per meeting, either of the Zoning Board of Appeals or of the Planning Commission. The members shall be subject to removal by the President and Board of Trustees of the village for good cause after public hearing. Members of the Zoning Board of Appeals shall have the powers and duties assigned to the Zoning Board of Appeals by statute and ordinance.
(2) Membership. All appointments to the Zoning Board of Appeals shall be made by the Village President subject to approval of the Village Board. One of the members so appointed shall be named as Chairperson by the Village President with approval of the Village Board at the time of his or her appointment. Vacancies shall be filled as soon as possible for the unexpired term of any members whose place has become vacant. In the event that the office of Chairperson is vacated for any reason, the Village President with approval of the Village Board shall immediately appoint, at his or her option, either one of the remaining members of the Board, or any member who is appointed to fill such vacancy on the Board as the new Chairperson.
(3) Jurisdiction and authority. The Zoning Board of Appeals is hereby vested with the powers as granted by the statutes of the state and this chapter as follows:
(a) To hear and recommend appeals from any order, requirement, decision or determination made by the Zoning Administrator pertaining to conformance with requirements of this chapter;
(b) To hear and recommend variations from the terms provided in this chapter in the manner and subject to the standards set forth in this section; and
(c) To hear and decide all other matters upon which it is required to pass under this chapter.
(Prior Code, § 151.067)
(B) Procedures of the Zoning Board of Appeals.
(1) All meetings requested of the Zoning Board of Appeals shall be held at the call of its Chairperson, and at such other times as the Board may determine. All testimony by witnesses at any hearing provided for in this chapter shall, at the option of the Chairperson, be given under oath. The Chairperson, or in the Chairperson’s absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall comply with the Open Meetings Act. The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of other official actions. Every, rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals shall immediately be filed in the office of the Village Clerk and shall be a public record.
(2) The concurring vote of four members of the Zoning Board of Appeals is necessary to reverse or affirm, wholly or partly, any order, requirement, decision or determination made by the Zoning Administrator, or to decide in favor of the applicant any matter under this chapter.
(Prior Code, § 151.068)
(Ord. 96-010, passed 4-1-1996; Ord. 2003-012, passed 5-5-2003; Ord. 2010-029, passed 8-2-2010)