Flanagan City Zoning Code
ADMINISTRATION
§ 152.130 ENFORCEMENT, ENFORCING OFFICER.
This chapter shall be administered and enforced by the Zoning Enforcing Officer appointed by the President and confirmed by the Board of Trustees. The Enforcing Officer is authorized to institute any appropriate action or proceeding against a violator as provided by statute.
(Ord. passed 7-6-1976)
§ 152.131 VARIATIONS.
(A) Any person having an interest in real estate may apply to the Enforcing Officer for variations in this chapter on the grounds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of this chapter relating to the use, construction, alteration, or location of buildings or structures, or to the use of the land.
(B) The enforcing officer may grant such variations which he or she in good faith, deems to be in compliance with this chapter, provided, however, that only the President and Board of Trustees of the village may change the zoning classification of land. Such variations determined by the Enforcing Officer shall be prima facie that a use in conformity with said chapter and variation is in full compliance with this chapter. Any request for such variation to the chapter which is denied by the Enforcing Officer may be appealed to the Board of Appeals.
(Ord. passed 7-6-1976)
§ 152.132 BOARD OF APPEALS.
(A) There is hereby established a Board of Appeals consisting of seven members to serve respectively for the following terms: One for one year, one for two years, one for three years, one for four years, one for five years, one for six years, and one for seven years. The successor to each member so appointed to serve for a term of five years.
(B) The members shall be appointed by the President of the Board and shall be confirmed by the Board of Trustees. The President shall name one of the members so appointed as Chairperson at the time of his or her appointment. The President and Board of Trustees have the power to remove any member for cause and after public hearing. Vacancies shall be filled for the unexpired term of the member whose place has become vacant.
(Ord. passed 7-6-1976)
§ 152.133 PROCEDURES.
(A) All meetings of the Board of Appeals 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. All meetings of the Board shall be open to the public.
(B) The Board shall keep minutes of its proceedings showing the vote of each member upon every question or, if absent or failing to vote, indicating that fact and shall also keep records of its examinations and other official actions. No hearing shall be conducted without a quorum of the Board being present, which shall consist of a majority of all the members. Any absent member who certifies that he or she has read the transcript of the proceedings before the Board may vote upon any question before the Board.
(C) Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision, or determination of the Board shall immediately be filed in the office of the Board and shall be public record. Four members of the Board shall constitute a quorum, and the concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Enforcing Officer in any matter upon which it is required to pass under this chapter. In the performance of its duties, the Board may incur such expenditures as shall be authorized by the President and Board of Trustees of the village. The Board may adopt its own rules of procedure not in conflict with the statute or this chapter.
(Ord. passed 7-6-1976)