(a) Members. The Board of Zoning Appeals shall consist of five members, one being a representative from Council and four who are appointed by Council. Each appointed member of the Board shall serve a three year term. Each appointed term commences after the Council considers the new appointment at the first Council meeting each year, and the term of the previous appointee will continue until the Council has appointed a successor. No member of the Planning and Zoning Commission shall serve on this Board. A vacancy occurring during the appointed term of any member shall be filled for the unexpired term of that member. This Board shall be paid thirty-five dollars ($35.00) per member per meeting.
(Ord. 18-2014. Passed 7-28-14.)
(b) Proceedings of the Board of Zoning Appeals.
(1) The Board shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of the Zoning Ordinance. (Editor’s Note: Pursuant to Ord. 15-2001, passed September 10, 2001 Council adopted the Rules of Procedure for the Board).
(2) Meetings shall be held at the call of the Chairman or at such times as the Board may determine.
(3) The Chairman, or in his absence, the Vice Chairman, may administer oaths and compel the attendance of witnesses.
(4) All meetings shall be open to the public. A record of all 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 public record and filed with the Clerk of Council.
(Ord. 06-2001. Passed 3-26-01.)
(Ord. 06-2001. Passed 3-26-01.)
(5) Three members of the Board shall constitute a quorum. The affirmative vote of three members of the Board shall be necessary to reverse an order or determination by the Planning and Zoning Commission, to decide in favor of an applicant in any matter over which this Board has original jurisdiction under the Zoning Code, or to grant any variance from the requirements stipulated in the Zoning Ordinance.
(Ord. 17-2015. Passed 6-22-15.)
(6) The Board shall elect a Chairman and Vice Chairman at its first meeting following the confirmation of the new members by Council in each Calendar year.
(Ord. 07-2011. Passed 4-11-11.)
(Ord. 07-2011. Passed 4-11-11.)
(c) Duties of the Board of Zoning Appeals. For the purpose of this Zoning Ordinance, the Board of Zoning Appeals has the following specific responsibilities:
(1) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination of Village boards, commissions, and agencies pertaining to zoning, building, and landscaping in the Village.
(2) Authorize such exceptions to and variance from the terms of the Zoning Ordinance as will not be contrary to the public interest, where owing to the special conditions, a literal enforcement of the Zoning Ordinance shall be observed and substantial justice done. Such variances shall only be awarded in strict compliance with the condition of Chapter 1133 of the Codified ordinances of the Village of Shawnee Hills.
(3) Grant conditional use zoning permits as specified in the Zoning Code.
(Ord. 29-2008. Passed 12-8-08.)