(a) Appointment.
(1) There is hereby established a Board of Zoning Appeals which shall consist of five residents of the Village appointed by the Mayor and confirmed by Council. Vacancies shall be filled by the same procedure. The five electors first appointed shall serve for terms of four years. Each member shall serve until a successor is appointed and qualified. Members of the Board shall be removable for nonperformance of duty, misconduct in office or other cause, by Council, upon written charges having been filed with the Village Fiscal Officer and after public hearing has been held regarding such charges, a copy of the charges having been served upon the member so charged at least ten days prior to the hearing, either personally or by certified mail or by leaving the same at his usual place of residence. The member shall be given an opportunity to be heard and answer such charges.
(2) The Mayor may appoint, subject to confirmation by Council, up to one resident of the Village to serve as an alternate member of the Board of Zoning Appeals for a term of four years each. This alternate member shall be in addition to the regular members and may substitute for regular members of the Board of Zoning Appeals who are unable to attend a meeting of or participate in a matter before the Board of Zoning Appeals. The alternate member at such meeting or such matter shall have all the powers and duties of a regular member of the Board of Zoning Appeals, including but not limited to the ability to vote. In the event the alternate member participates in a matter which does conclude at such meeting, but is continued for further deliberations, the alternate member shall remain in substitution for the regular member(s) until the conclusion of such matter and the substituted regular member(s) shall not participate in such matter.
(b) Organization and Procedure. The Board shall organize annually to elect a chairman, and a vice-chairman. It shall further adopt rules for its own government not inconsistent with law or with any other ordinances of the Village to hear appeals or any other matters authorized by the provisions of the Zoning Code.
(1) Meetings. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence, the vice-chairman or in the event the vice-chairman is absent, such member elected to chair the meeting, may administer oaths and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public except that the Board may be permitted to meet in closed session while adjudicating appeals presented to the Board. 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 such records of its examinations and other official actions, all of which shall be immediately filed in the office of the Clerk for the Village and shall be a public record.
(2) Quorum. Three members of the Board shall constitute a quorum. The Board shall act by motion and the concurring vote of a majority of the Board attending any meeting shall be necessary to reverse any order or determination of the Zoning Inspector or to decide in favor of an applicant any matter of which the Board has original jurisdiction under the Zoning Code, or to grant any variance from the requirements stipulated in the Zoning Code.
(3) Department assistance. The Board may call upon the various departments of the Village for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
(4) Solicitor's duties. The Board may call upon the Village Solicitor for assistance in the performance of its duties, and in the conduct of its meetings.
(Ord. 1984-12. Passed 1-23-84; Ord. 2019-63. Passed 10-28-19; Ord. 2022-01. Passed 1-10-22.)