(a) Membership. The Board of Zoning Appeals shall consist of five members appointed by Council. Council shall designate one such member as Chairperson. The Chairperson shall be a qualified person who has experience or background in dealing with zoning concepts, zoning laws and procedures. Members shall be paid a monthly salary as determined by Council.
(b) Organization and Procedure. The Board shall organize annually to elect a Vice-Chairperson. It shall further adopt rules for its own government including voting procedures not inconsistent with law or any other ordinance of the Village to carry into effect the provisions of this Zoning Ordinance.
(1) Meetings of the Board shall be open to the public and the media notified.
(2) Three members of the Board shall constitute a quorum. The Board shall act by resolution and the concurring vote of three members of the Board shall be necessary to reverse any order or determination of the Zoning Inspector or to decide in favor of any applicant or to grant any variance from the requirements stipulated in this Zoning Ordinance.
(3) The Board may call upon the various departments of the Village for assistance in the performance of its duties, and it shall be the duty of the department to render such assistance to the Board as required.
(c) Duties.
(1) To consider appeals from the decisions made by the Zoning Inspector where it is alleged that there is an error in any order, requirement, decision, interpretation or determination;
(2) To grant variances from the terms of this Zoning Ordinance that maintain its intent and will not be contrary to public interest where, owing to special conditions, literal enforcement of this Zoning Ordinance will result in unnecessary hardships and so the spirit of this Zoning Ordinance shall be observed;
(3) Permits for home occupations and conditional use may be authorized where the proposal is in compliance with the criteria identified throughout this Zoning Ordinance and where such additional conditions and safeguards can be specified as will uphold the intent of this Ordinance;
(4) Appellate jurisdiction relative to appeals and variances, and original jurisdiction on applications for conditional uses and home occupations;
(5) To provide, as requested by the Zoning Inspector, input and/or recommendations concerning the interpretation of the administrative requirements and enforcement procedures of this Zoning Ordinance;
(6) To cause a record to be made of all its proceedings, setting forth the reasons for its decisions. Such record, immediately following the Board's decisions shall be filed in the offices of the Board and the Planning Commission and shall be open to the public;
(7) The Board of Zoning Appeals shall have the authority to issue cease and desist orders to issue tear-down notices.
(Ord. 13-87. Passed 7-27-87.)