(A) The Zoning Board of Appeals (ZBA) is hereby established and shall consist of seven members appointed by the Village President with the consent of the Village Board of Trustees. All members of the ZBA shall be residents of the village. All members appointed to the ZBA shall serve terms of one year from the date of appointment (including appointments made prior to the effective date of this amended division (A)), and until their successors shall have been appointed and qualified. As of the effective date hereof, members of the Planning and Zoning Commission shall be relieved of any obligations as members of the ZBA and shall thereafter no longer serve or be obligated to serve in such capacity unless subsequently appointed as set forth herein.
(B) Vacancies shall be filled by the Village President with the consent of the Village Board of Trustees for the unexpired term. Members may be removed by the Village President and Board of Trustees for cause after written charges have been filed and after a public hearing has been held by the Village Board if demanded by the member so charged. Such hearing shall be conducted in accordance with the Open Meetings Act, but shall not be subject to the requirements of § 159.179.
(C) The Village President shall, with the advice and consent of the Village Board of Trustees, designate one member of the ZBA as the Chairman of the ZBA, who shall preside over the meetings and proceedings of the ZBA, and be empowered to compel the attendance of witnesses and administer oaths as provided by law, and designate one member of the ZBA as the Vice-Chairman of the ZBA, who shall perform the duties of the Chairman in the Chairman's absence.
(D) The Zoning Board of Appeals shall have a recording secretary and may employ a court reporter who shall make and keep a record of all of its meeting and official acts. The enforcing officer shall be the recording secretary to the Board and shall attend all meetings called by the Board. This does not supersede the enforcement powers or authority of the Zoning Administrator.
(E) The members of the Zoning Board of Appeals in office as of the time of the adoption of this amended division (E) shall be recognized as the Village Zoning Board of Appeals under the provisions of Chapter 159 and Chapter 35, and shall serve terms of one year from the date of appointment (including appointments made prior to the effective date of amended division (A) of this section), and until their successors shall have been appointed and qualified.
(F) The Zoning Board of Appeals is vested with the following jurisdiction and authority:
(1) To hear and make recommendations on appeals from any order, requirement, decision, or determination made by the Zoning Administrator under this chapter;
(2) To hear and recommend upon applications for variations from the terms provided in this chapter, in the manner prescribed by, and subject to, the standards established herein; and,
(3) To hear and recommend all matters referred to it and upon which it is required to hear under this chapter.
(G) The Zoning Board of Appeals shall meet as required prior to the Planning & Zoning Commission regular meetings and at such times and places within the village as the Zoning Board of Appeals may determine, provided same are accessible to the general public. All meetings of the Zoning Board of Appeals shall be open to the general public and conducted in accordance with the Open Meetings Act.
(H) The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member on every question, or if absent or failing to vote, indicating that fact. The Board shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes of each case and the reasons for granting or denying each application shall be specified. Every rule, regulations, and every order, requirement, decision, or determination of the Zoning Board of Appeals shall be filed in the office of the Zoning Administrator.
(I) The Zoning Board of Appeals shall adopt its own rules of procedure and may require submission of any records, plats, and other information necessary to make its determinations. A copy of the rules and procedures, and all recommendations shall be on file in the office of the Zoning Administrator.
(J) The minutes of the Zoning Board of Appeals are to be itemized with enough detail on the determination and shall be prepared and maintained by Village Department of Community Development staff.
(Am. Ord. 06-0369, passed 2-1-06; Am. Ord. 11-0938, passed 11-2-11; Am. Ord. 12-0973, passed 4-4-12; Am. Ord. 12-1013, passed 11-7-12)