(a)   There is hereby created a Board of Zoning Appeals consisting of five residents of the Village, four of whom shall be appointed by Council, and the fifth who shall be appointed by the Mayor, and said members of the Board of Zoning Appeals shall serve without compensation.

   (b)   Said members, as provided in subsection (a), shall elect a member who shall be designated as Chairperson of said Board for a term of one year.

   (c)   The term of each member, as provided in subsection (a), shall be two years.

   (d)   A vacancy in the position that was filled as the appointee of the Mayor, as provided in paragraph (a), shall be filled by appointment of the Mayor for the unexpired term; except, however, if said vacancy shall exist for a period in excess of thirty (30) days prior to written notice of an appointment for the filling of said vacancy by the Mayor being received by Council then, in that event, Council shall fill said vacancy for the unexpired term.

   (e)   Vacancies in those positions that were filled as the appointees of Council, as provided in subsection (a), shall be filled by Council, for their respective, unexpired terms.

   (f)   The Fiscal Officer shall be the Clerk of the Board.

(Ord. 51-2004. Passed 6-8-04.)

   The Board of Zoning Appeals shall have the following powers:

   (a)   The Board of Zoning Appeals shall organize and adopt rules in accordance with the provisions of the Zoning Ordinance.

   (b)   Meetings of the Board of Zoning Appeals shall be held at the call of the Chairperson, and at such other times as the Board shall determine. The Chairperson or, in the chair’s absence, the Acting Chairperson may administer oaths, and the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public.

   (c)   The Board shall keep minutes of its meetings and 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 will be filed in the office of Council and shall be a public record.

(Ord. 2000-20. Passed 2-15-00.)

   (a)   Appeals to the Board of Zoning Appeals may be taken by any person aggrieved or by any officer of the Village affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty days after the decision by filing with the officer from whom the appeal is taken, and with the Board, a Notice of Appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

   (b)   The Board of Zoning Appeals shall fix a reasonable time for the hearing of an appeal. Notice of the time and place of hearings shall be mailed, by first class mail, at least ten (10) days prior to the hearing, to the property owners within one hundred (100) feet of the property for which the variance has been requested. The notice shall be sent to the property owner that is listed on the current tax roll, list, or duplicate of the County and to the address of the property if the address is a tax service. The notice of the hearing shall also be published in a paper of general circulation in the Village at least seven (7) days prior to the hearing but no more than fourteen (14) days prior to the hearing. The Zoning Inspector shall issue a placard to the applicant that contains the following information: (1) that the owner has applied for a zoning variance; (2) the nature of the variance and (3) the date and time for the BZA hearing on the variance. The applicant shall post the placard in a conspicuous place on the property that is designated by the Zoning Inspector. The placard shall be posted on the property for at least seven (7) consecutive days before the hearing on the variance. Each application or notice of appeal shall be accompanied by a fee as set forth in Chapter 1141.

   (c)   At the hearing before the Board, the party who filed the appeal may appear in person or through legal counsel. The hearings of the Board shall be public. However, the Board may go into executive session for discussion but not for a vote on any case that is before the BZA.

   (d)   Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit the obtaining of additional information or to cause such further notice as it deems proper. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of such hearing unless the Board so decides.

   (e)   Appeals from the decision of the Board of Zoning Appeals shall be in accordance with the laws of the State.

(Ord. 2007-102. Passed 12-16-07.)

   Any appeal filed with the Board of Zoning Appeals shall be accompanied by a filing fee of one hundred dollars ($100.00) for any appeal where it is alleged that there was an error in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of the zoning laws or of the Zoning Ordinance pursuant to Section 1141.02(a); and a filing fee of two hundred dollars ($200.00) for any variance request to the Board of Zoning Appeals pursuant to powers granted to the Board of Zoning Appeals in Section 1141.02(b).

(Ord. 2007-069. Passed 8-14-07.)