(A) Purpose. The purpose of the Board of Zoning Appeals (Board) is to hear appeals of decisions made by the Zoning Inspector; consider variances where there are unnecessary physical hardships in carrying out the strict interpretation of this chapter; providing such exception is in harmony with the general purpose and intent of this chapter and in accordance with the procedures and provisions specified in this subchapter; and to perform other duties as determined by the Village Council. The Board shall have the powers and duties as described in this chapter.
(B) Appointment. There is hereby established a Board of Zoning Appeals which shall consist of five electors appointed by the Village Council. The Council shall choose a successor to fill any vacancy. The five electors first appointed shall serve for terms of one, two, three, four and five years, respectively; thereafter appointments shall be for five-year terms, beginning January 1. Each member shall serve until his or her successor is appointed and qualified. Vacancies shall be filled by the Council and shall be for the respective unexpired term. The members of the Board of Zoning Appeals may receive such compensation as the Council provides.
(C) Organization. Meetings shall be held at the call of the chairperson and at such other times as the Board may determine. The hearings of the Board of Zoning Appeals shall be public. However, the Board may go into executive session for discussion but not for vote on any case before it. The Board shall organize annually and elect a President, Vice-President and Secretary. The Board shall adopt from time to time such rules and regulations, as it may deem necessary to carry into effect the provisions of this chapter.
(D) Quorum. Three members of the Board shall constitute a quorum. The concurring vote of three members of the Board shall be necessary to reverse any order or determination of the Zoning Inspector, to decide in favor of an application in any matter in which the Board has original jurisdiction under this chapter, or to grant any variance from the requirements stipulated in this chapter.
(E) Minutes and records. 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 immediately filed with the office of the Clerk and shall be a public record.
(F) Witnesses and oaths. The Board shall have the power to subpoena witnesses, administer oaths and punish for contempt, and may require the production of documents under such regulations as it may establish.
(G) Department and Planning Commission assistance. The Board may call upon the various officials and employees 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. The Planning Commission may provide such reports, information and recommendations prior to the Board’s consideration of any case.
(Ord. O-38-2020, passed 12-14-2020)