(A) Purpose.
(1) The purpose of this subchapter is to establish procedures for appeals from administrative decisions and procedures for relief from the provisions of this chapter through variations.
(2) No zoning ordinance can anticipate every situation or condition that will be encountered when administering the regulations. This chapter provides for a form of relief or adjustment. The method of relief has typically been through the Planning and Zoning Board. The Planning and Zoning Board hears appeals on administrative interpretations and acts on requests for variations from this chapter.
(B) Planning and Zoning Board — established.
(1) The Planning and Zoning Board shall consist of seven members appointed by the Village President, and confirmed by the Village Board of Trustees. One member shall be appointed for one year, one for two years, one for three years, one for four years, one for five years, one for six years, and one for seven years; the successor to each member to be appointed to serve for a term of five years. One of the members so appointed shall be named as Chairperson by the Village President, with the consent of the Village Board of Trustees; said Chairperson shall also assume the duties of the Zoning Administrator as described in this chapter.
(2) One of the members so appointed shall be named as Secretary by the Village President, with the consent of the Village Board of Trustees. In the event of the absence of the Chairperson, the Secretary shall act in their place and stead as Acting Chairperson.
(3) The appointing authority has the power to remove a member of the Planning and Zoning Board for cause, including but not limited to missing four consecutive Planning and Zoning Board meetings, and after a public hearing. Vacancies shall be filled for the unexpired term of a member whose place has become vacant. All meetings of the Planning and Zoning Board shall be held at the call of the Chairperson, and at such other times as the Planning and Zoning Board may determine. The Chairperson, or in their absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses. All regular meetings of the Planning and Zoning Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions. Every decision upon which the Planning and Zoning Board is required to act under this chapter shall be a public record.
(4) Decisions — generally.
(a) The concurring vote of four members of the Planning and Zoning Board shall be necessary to decide in favor of the applicant in any matter which it is required to pass under this chapter.
(b) Decisions of the Planning and Zoning Board shall be made at a public meeting by motions made and seconded, and by roll can vote. The motions shall include findings as specified in this chapter.
(c) All reports, testimony, exhibits, plans or specifications which were considered by the Planning and Zoning Board shall be made a part of the record of the case.
(Ord. 2020-O-3, passed 2-18-2020)