(A) Creation. A Board of Zoning Appeals is hereby created, which shall consist of five members to be appointed by the Mayor with the consent of the Village Council each for a term of five years, except that the initial appointments shall be one member each for one-, two-, three-, four-, and five-year terms. Each member shall be a resident of the village. Members of the Board may be removed from office by the Village Council for cause upon written charges and after public hearing. Vacancies shall be filled by appointment by the Mayor with the consent of the Village Council for the unexpired term of the member affected.
(B) Proceedings. The Board of Zoning Appeals shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. 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 actions, all of which shall be a public record and be immediately filed in the office of the Board of Zoning Appeals.
(C) Duties.
(1) In exercising its duties, the Board of Zoning Appeals may, as long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Officer from whom the appeal is taken. The concurring vote of four members of the Board of Zoning Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.
(2) For the purpose of this chapter, the Board of Zoning Appeals has the following specific responsibilities:
(a) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Officer;
(b) To authorize such variances from the terms of this chapter as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done; and
(Ord. 420, passed 3-4-1981)