(A) Creation and membership.
(1) A Zoning Board of Appeals is hereby created, which Board to consist of 7 members appointed by the Village President and confirmed by the Board of Trustees. The word Board when used in this section shall be construed to mean the Zoning Board of Appeals. All members of the Board shall be residents of the Village of Roscoe. No voting member of the Zoning Board shall hold an elective office within the Village.
(2) The members of the Board shall serve for the following terms, their respective successors are appointed and qualified: one of a term of 1 year; one of a term of 2 years; one of a term of 3 years; one of a term of 4 years; one of a term of 5 years; one of a term of 6 years; and one of a term of 7 years. Thereafter, as their terms expire, each new appointment shall be for a term of 5 years.
(3) One of the members of the Zoning Board of Appeals shall be named chairman at the time of his or her appointment by the Village President and confirmed by the Board of Trustees. The Board of Trustees shall have the power to remove any member of the Zoning Board of Appeals for cause and after a public hearing. Vacancies upon the Zoning Board of Appeals shall be filled for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of the members.
(B) Meetings and rules. All meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine after consultation with the Zoning Administrator. 155.189. Such finding of fact shall be made a part of the written record of the hearing. 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 that fact, and shall also keep records of its hearings and other official actions. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision, or determination of the Board shall be filed immediately in the office of Zoning Administration and shall be a public record. No action or procedure of the Board shall conflict with the provisions of ILCS Ch, 65, Act 5, §§ 11-13-1 et seq.
(C) Offices. The Board of Trustees shall provide suitable offices for the holding of hearings and the presentation of records, documents, and accounts.
(D) Appropriations. The Board of Trustees shall appropriate funds to carry out the duties of the Board and the Board shall have the authority to expend, under regular procedure, all sums appropriate to it for the purposes and activities authorized herein.
(E) Compensation. The general members of the Zoning Board of Appeals shall be compensated $40 per meeting attended. The Chairman of the Zoning Board of Appeals shall be compensated $60 per meeting attended.
(F) Jurisdiction. The Board of Appeals is hereby vested with the following jurisdiction and authority:
(1) (a) To hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator under this chapter. The Board may reverse or affirm, wholly or partly, or may modify or amend the order, requirement, decision, or determination appealed from to the extent and in the manner that the Board may decide to be fitting and proper in the premises, and to that end, the Board shall also have all the powers of the officer from whom the appeals are taken;
(b) To hear and decide all matters referred to it or upon which it is required to pass under this chapter;
(c) To hear and pass a recommendation on applications for amendments, special use permits and variances from a strict application of the terms of this chapter, in the manner and subject to the standards set out in this chapter;
(2) No rehearing shall be held on a denied appeal or application for variance or special use permit for a period of 12 months from the date of the denial.
(G) Decisions of the Board of Appeals.
(1) The concurring vote of 4 members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render decisions.
(2)
All decisions of the Board authorized under this chapter shall be subject to review by the Village Board of Trustees for confirmation or denial according to the provisions of this chapter and ILCS Ch. 65, Act 5, §§ 11-13-1 et seq. The action of the Village Board of Trustees shall constitute a final administrative decision on any matter and shall be subject to judicial review pursuant to the provisions of the Administrative Review Act.
(Ord. 1992-10, § 2300, passed 3-18-1993; Am. Ord. 2008-073, passed 12-18-2008; Am. Ord. 2012-5, passed 1-19-2012)