(a) Generally.
(1) The Board of Zoning Appeals shall have the power to adopt rules and regulations for its own government, not inconsistent with law or with the provisions of this or any other ordinance of the Village.
(2) Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or, in his or her absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses.
(3) Hearings of the Board shall be public. The Board shall keep minutes of its proceedings, showing the action of the Board and the vote of each member on 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 in the office of the Board and shall be public record.
(4) The presence of three of the five members of the Board shall constitute a quorum.
(5) The Board shall act by resolution. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector, or to decide in favor of the applicant in any matter on which it is required to pass under this Zoning Ordinance, or to affect any variation in the requirements of this Zoning Ordinance.
(b) Applications and Appeals.
(1) An application to the Board, in cases in which it has original jurisdiction under the provisions of this Zoning Ordinance, may be taken by any property owner, including a tenant, or by a governmental official, department, board or bureau. Such application shall be filed with the Zoning Inspector, who shall transmit the same, together with all plans, specifications and other papers pertaining to the application, to the Board.
(2) An appeal to the Board may be taken by any property owner, including a tenant, or by any governmental official, department, board or bureau affected by any ruling of the Zoning Inspector. Such appeal shall be taken within a reasonable time, as prescribed by the rules of the Board by filing with the Zoning Inspector a notice of appeal, specifying the grounds thereof along with payment of the fee associated with an appeal. The Zoning Inspector shall forthwith transmit to the Board such notice of appeal, together with all the plans and papers constituting a record on which the action was appealed.
(3) The Board shall fix a reasonable time for the hearing of an application or of an appeal. The Board shall serve notices to the applicant or appellant by regular mail or email, to the owners of all properties adjoining the lot involved in the application or appeal by certified mail, and to the Zoning Inspector, at least five days before the time when the application or appeal shall be considered by the Board. Any party may appear at such hearing in person, by agent or by attorney. The Board shall decide the application within a reasonable time.
(c) Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Inspector certifies to the Board, after a notice of appeal shall have been filed with him or her, that, by reason of facts stated in the certificate, 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 by an order which may, on due cause shown, be made to the Board on application, after notice to the Zoning Inspector.
(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)