(A) Establishment; concurrent membership.
(1) A Board of Zoning Appeals, herein before and hereafter sometimes referred to by the term “Zoning Board”, is hereby authorized to be established. Such Zoning Board shall consist of seven members appointed by the President, and confirmed by the members of the Village Board. The seven members of the first Zoning Board appointed following the effective date of this chapter, shall serve terms as follows: one for one year, one for two years, one for three years, one for four years and three for five years, the successor to each member so appointed to serve for a term of five years. Vacancies shall be filled by the President of the Village Board for the unexpired terms only, subject to confirmation by the Village Board. The Village Board shall have the power to remove any member of the Zoning Board for cause, after a public hearing upon giving ten days' notice thereof. The President of the Village Board shall name one of the members of the Zoning Board as Chairperson upon his or her appointment, and in case of vacancy, shall name the Chairperson.
(2) Following the effective date of this chapter, the members of the Zoning Board shall also serve as members of the Planning Commission, and the Chairperson of the Zoning Board shall also serve as the Chairperson of the Planning Commission. The resignation, removal or replacement of any member from the Zoning Board shall be deemed to be a resignation, removal or replacement from the Planning Commission.
(3) Whenever, in the village’s zoning ordinance, action is required of both the Zoning Board and the Planning Commission (i.e., both bodies must make a recommendation to the Village Board upon the same matter) duplicative action need not be taken, provided that legal requirements are met. For example, if it were required that the Planning Commission consider a matter and forward recommendations to the Zoning Board for consideration at a public hearing, following which the Zoning Board makes a recommendation to the Village Board, the bodies (comprising of the same membership) need only make one recommendation to the Village Board following a public hearing.
(B) Meetings.
(1) Regular meetings of the Zoning Board shall be held at such time and place within the village as the Zoning Board may determine. Special meetings may be held at the call of the Chairperson, or as determined by the Board. Such Chairperson, or, in his or her absence, the acting Chairperson may administer oaths and compel attendance of witnesses. All meetings of the Zoning Board shall be open to the public.
(2) The Zoning Board shall keep minutes of its proceedings showing the vote of each member upon every question or, it absent or failing to vote, indicating such facts and shall also keep records of its examinations and other official actions. Every rate, regulation, every amendment or appeal thereof and every order, requirement, decision or determination of the Zoning Board shall immediately be filed in the office of the Board and shall be a public record. Four members of the Zoning Board shall constitute a quorum, and the concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Officer in any matter upon which it is required to pass under this chapter, or to effect any variation or modification in such chapter to the Village Board. In the performance of its duties, the Zoning Board may incur such expenditures as shall be authorized by the Village Board. The Zoning Board shall adopt its own rules of procedure not in conflict with the state or this chapter.
(C) Jurisdiction.
(1) The Zoning Board shall hear and decide appeals from any order, requirement, decision or determination made by the Zoning Officer. It shall also hear and decide all matters referred to it or upon which it is required to pass under this chapter.
(2) The Zoning Board may reverse or affirm wholly or partly or may modify of amend the order, requirement, decision or determination appealed from to the extent and in the manner that the Zoning Board may decide to be fitting and proper in the premises and, to that end, the Zoning Board shall also have all the powers of the officer from whom the appeal is taken.
(3) When a property owner shows that a strict application of the terms of this chapter relating to the use, construction or alteration of buildings or structures, or to the use of land, imposes upon him or her practical difficulties or particular hardship, then the Zoning Board may in the following instances only make such variations of the strict application of the terms of this chapter, as are in harmony with its general purpose and intent when the Zoning Board is satisfied, under the evidence heard before it, that a granting of such variation will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship so great as to warrant a variation.
(a) To permit the reconstruction of a nonconforming building (but excluding residences and farm buildings) which has been destroyed or damaged to an extent of more than 50% of its assessed value by fire or act of God, or the public enemy, where the Zoning Board shall find some compelling public necessity requiring a continuance of the nonconforming use, but in no case shall such a permit be issued if its primary function is for financial gain.
(b) To permit the remodeling or expansion of a nonconforming use where the Board finds public necessity and convenience in the continuance or expansion of the nonconforming use and that such remodeling or expansion does not materially affect the other uses in the neighborhood.
(4) Nothing herein contained shall be construed to give or grant to the Zoning Board the power or authority to alter or change the zoning ordinance, such power and authority being reserved to the Village Board.
(5) The Zoning Board may impose such conditions and restrictions upon the use of the premises benefitted by a variance, as it may deem necessary.
(D) Appeals; how taken.
(1) Any person aggrieved or any officer, department, board or bureau of the village may appeal to the Zoning Board to review any order, requirement, decision or determination made by the Zoning Officer, such appeal to be accompanied by a filing tee of $35 (non-refundable).
(2) Such appeal shall be made within 45 days after the date of written notice of the decision or order to the Zoning Officer and a notice of appeal specifying the grounds thereof. The Zoning Officer shall forthwith transmit to the Zoning Board all papers constituting the record upon which the action appealed from was taken and a public hearing scheduled.
(3) An appeal stays all proceedings in furtherance of the action appealed from, unless Zoning Officer certifies to the Zoning Board, after the notice of appeal has been filed with him or her, that by reason of facts stated in the permit, a stay would in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than a restraining order which may be granted by the Zoning Board, or by a court of record on application, on notice to the Zoning Officer, and on due cause shown.
(4) The Zoning Board shall fix a reasonable time for hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. Upon hearing, any party may appear in person, by agent, or by attorney.
(Ord. passed - -; Ord. 2012-216, passed 2-16-2012)