(A) Rules of procedure. The Zoning Board of Appeals shall adopt its own rules of procedure as may be necessary to conduct its meeting and carry out its function. The Board shall choose its own Chairperson, and in his or her absence, an Acting Chairperson.
(B) Meetings. Meetings shall be held at the call of the Chairperson and at such times as the Zoning Board of Appeals may determine. All meetings by the Board shall be open to the public.
(C) Records. Minutes shall be recorded of all proceedings which shall contain evidence and date relevant to every case considered together with the votes of the members and the final disposition of each case. The minutes shall be filed in the office of the Village Clerk and shall be made available to the general public. The Village Clerk shall act as Secretary to the Board of Appeals and all records of the Board's action shall be taken and recorded under his or her direction.
(D) Counsel. The Village Attorney shall act as legal counsel for the Board and shall be present at all meetings upon request by the Board. The Board may also request a review and opinion from the Village Planner.
(E) Hearings. The Zoning Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to all persons to whom any real property within 300 feet of the premises in question shall be addressed, the notice to be delivered personally or by mail addressed to the respective owners at the address given in the last assessment roll and shall decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The Zoning Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and shall make the order, requirement, decision, or determination as in his or her opinion ought to be made in the premises and to that end shall have all powers of the officer from whom the appeal is taken.
(F) Decisions. The Board of Appeals shall return a decision case within 120 days after a request or appeal has been filed, unless a further time is agreed upon with the parties concerned. Any decision of the Board shall not become final until the expiration of five days from the date of entry of the order, unless the Board shall find the immediate effect of the order is necessary for the preservation of property or personal rights and shall so certify on the record.
(G) Majority vote. The concurring vote of a majority of the members of the Zoning Board of Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which they are required to pass under this chapter or to effect any variation in this chapter.
(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021)