(a) Created
.
A Board of Zoning Appeals is hereby created, which shall consist of five members to be appointed by the Mayor each for a term of five years, except that the initial appointments shall be one member each for one, two, three, four and five year terms. Each member shall be a resident of the Village zoned. Members of the Board may be removed from office by Council for cause upon written charges and after public hearing. Variances shall be filled by appointment by the Mayor for the unexpired term of the member affected.
(b) Proceedings. The Board shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of the Zoning Ordinance. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. 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 a public record and be immediately filed in the office of the Board.
(c) Duties
.
In exercising its duties, the Board may, as long as such action is in conformity with the terms of the Zoning Ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. The concurring vote of four 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 on any matter upon which it is required to pass under the Zoning Ordinance or to effect any variation in the application of the Zoning Ordinance. For the purposes of the Zoning Ordinance the Board has the following specific responsibilities:
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Inspector;
(2) To authorize such variances from the terms of the Zoning Ordinance as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of the Zoning Ordinance will result in unnecessary hardship, and so that the spirit of the Zoning Ordinance shall be observed and substantial justice done;
(3) To grant conditional use permits as specified in the Zoning Ordinance under the conditions specified in the Zoning Ordinance and such additional safeguards as will uphold the intent of the Zoning Ordinance.
(Ord. 411. Passed 12-4-75.)