A Board of Zoning Appeals is hereby established, consisting of the Mayor and all members of the Planning Commission. The term of office of each member of the Board shall be co-extensive with his or her term as Mayor or as a member of the Planning Commission. Attendance shall be in person.

(Ord. 1953-21. Passed 5-13-53.)

   (a)   Meetings of the Board shall be held in the Village Hall on the third Wednesday of each month. Additional meetings may also be held upon the call of the Mayor, who shall serve as Chairperson of the Board, or upon the call of any two members of the Board.

   (b)   Non-elected officials who are members of the Board shall be compensated seventy-five dollars ($75.00) for each Board meeting attended.

(Ord. 1953-21. Passed 5-13-53; Ord. 2006-28. Passed 2-8-06.)

   The Village Clerk shall be the Secretary of the Board. The Secretary shall keep a permanent record of the attendance and the proceedings of the Board showing its action and vote on each case. At the end of each calendar year, the Secretary shall make an annual report of the work of the Board.

(Ord. 1953-21. Passed 5-13-53.)

   Any determination by the Building Commissioner made in the enforcement of this Zoning Code may be appealed to the Board by any person deeming himself or herself adversely affected by such decision. The appeal shall be initiated by filing with the Secretary of the Board an application in writing, setting forth the determination appealed from, the pertinent facts and the relief desired.

(Ord. 1953-21. Passed 5-13-53.)

   No action of the Board shall be taken on any case until after proper notice has been given and a public hearing has been held. The presence of three members shall constitute a quorum and the concurring vote of three members of the Board shall be necessary to reverse or modify any order, requirement, decision or determination of the Building Commissioner, or to decide in favor of the appellant any matter upon which the Board is required to pass or to effect any variations.

(Ord. 1953-21. Passed 5-13-53.)

   Written notice of the scheduled hearing shall be mailed to the owner or his or her agent at the address given on the appeal and, as far as practicable, written notice to affected property owners or their agents, at least five days prior to the date of the proposed hearing. Failure to notify affected property owners shall not prevent the Board from conducting a hearing and acting thereafter.

(Ord. 1953-21. Passed 5-13-53; Ord. 2006-29. Passed 2-8-06.)

   Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Zoning Code, the Board shall have the power in a specific case to vary the application of any such provision in harmony with the general purpose and intent of this Zoning Code so that the public health, safety, morals and general welfare may be secured and substantial justice done.

   The Board may reverse or affirm, wholly or in part, or may modify, the order, requirement, decision or determination appealed from, and shall make the order, requirement, decision or determination as in its opinion ought to be made under the circumstances. To that end, the Board shall have the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit.

(Ord. 1953-21. Passed 5-13-53.)

   The Secretary of the Board shall immediately notify the Building Commissioner and Council of any action taken by the Board on an appeal. Council may, at its next ensuing meeting, affirm, modify or reverse the decision of the Board. If no action is taken by Council at its next ensuing meeting, the decision of the Board shall be final. When a special permit has been granted by the Board or by Council, the Clerk shall forward a written notice thereof to the Building Commissioner, who shall incorporate the special conditions, if any, on the permit when issued.

(Ord. 1954-75. Passed 10-27-54.)