(A) Establishment and membership. There is hereby established a Board of Appeals whereby said Board shall consist of the same persons as the Plan Commission. The officers of the Plan Commission shall hold the same offices on the Board of Appeals.
(B) Powers and duties. The Board of Appeals shall have the following powers and duties:
(1) To hear and decide all matters referred to it or upon which it is required to pass under this chapter;
(2) To hear appeals in the manner prescribed in § 154.161 where it is alleged there is error in any order, requirement, decision, or determination made by the Enforcement Officer in the administration of this chapter; and
(3) To vary or modify in the manner prescribed in § 154.162 the application of any of the provisions of this chapter where there are practical difficulties or unnecessary hardships in the carrying out the strict letter of this chapter, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.
(C) Procedures.
(1) Meetings. Meetings shall be held at the call of the Chairperson and at such other times as the Board may determine.
(2) Hearings and rules.
(a) All meetings of the Board shall be open to the public.
(b) The Board shall set a date for any required hearings and notice of them shall be given as provided for herein.
(c) No hearing shall be conducted without a quorum of the Board being present. A quorum shall consist of a majority of all the members.
(d) At the hearing, parties of interest may appear in person or by agent or by attorney.
(e) All testimony at such hearings shall be given under oath. The Chairperson, or in his or her absence, his or her designee shall administer the oaths and may compel the attendance of witnesses.
(f) The Board of Appeals 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 immediately filed within the office of the Board (office of the Village Clerk) and shall be a public record.
(D) Required vote. A concurring vote of two-thirds of members of the Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Enforcement Officer, to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, to effect any variation in this chapter, or to recommend any variation or modification in this chapter to the Village Board.
(E) Judicial review of decision of Board of Appeals. All final administrative decisions of the Board of Appeals shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, and all amendments and modifications thereof, and the rules adopted thereto.
(Ord. 834, passed 2-1-2001)