The provisions of the Illinois Municipal Code, 65 ILCS 510/1 et. seq., and, in particular, 65 ILCS 5/11-13-3 et. seq., are incorporated herein by reference.

(Ord. 305 § 3, 1997)

There is created the zoning board of appeals of the village.

(Ord. 305 § 9, 1997)

There shall be seven members of the zoning board of appeals, one of whom shall be the chairperson and another the secretary, all of whom shall have the authority to vote on matters before the zoning board of appeals.

(Ord. 305 § 11, 1997)

The members of the zoning board of appeals, including those persons designated as the chairperson and secretary, shall be appointed by the village president subject to confirmation by the board of trustees.

(Ord. 305 § 12, 1997)

The members of the zoning board of appeals may include those persons appointed as members of the zoning commission.

(Ord. 305 § 13, 1997)

The members of the zoning board of appeals shall reside within the village.

(Ord. 305 § 14, 1997)

The zoning board of appeals members shall 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 shall serve for a term of five years.

(Ord. 305 § 15, 1997)

The zoning board of appeals members shall be paid such compensation, if any, as the president and board of trustees may prescribe by resolution.

(Ord. 305 § 16, 1997)

The appointing authority has the power to remove any appointed member for cause and after public hearing.

(Ord. 305 § 17, 1997)

Vacancies shall be filled for the unexpired term of the member whose place has become vacant. Vacancies shall be filled by the appointing authority in the case of an appointed board or by those who would otherwise be the appointing authority in the case of an elected board.

(Ord. 305 § 18, 1997)

A.

All meetings of the board of appeals shall be held at the call of the chairperson and at 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.

B.

The president and the board of trustees of the village authorize and approve a change in the commencement time for regularly scheduled meetings of the PZBA of the village. Effective December 11, 2003, the regularly scheduled meetings of the PZBA of the village shall commence at six p.m. CST.

C.

Location of Meetings. The regularly scheduled meetings of the PZBA shall be conducted in the Senior Citizens Commons Room of the Melrose Park Library located at 801 North Broadway in the village.

(Ord. 806 §§ 10, 11, 2003; Ord. 305 § 19, 1997)

All meetings of the board shall be open to the public. 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.

(Ord. 305 § 20, 1997)

A.

No hearing shall be conducted without a quorum of the board being present. A quorum 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.

B.

At any hearing, the board of appeals shall afford persons interested an opportunity to be heard, under oath, and the board of appeals shall have the authority to administer oaths and take testimony. A hearing may be adjourned from time to time in order for the board of appeals to fully assess all subject hearing matters.

C.

Every rule or regulation and its amendment or repeal and every order, requirement, decision, or determination of the board shall immediately be filed in the office of the board and shall be a public record.

D.

The board of appeals shall hear and decide appeals from and review any order, requirement, decision, or determination made by an administrative official charged with the enforcement of any ordinance adopted under the authority of the zoning and regulatory provisions of the Illinois Compiled Statutes.

E.

The board of appeals shall also hear and decide all matters referred to it or upon which it is required to pass under such an ordinance. The concurring vote of four members of the board is necessary to reverse any order, requirement, decision, or determination of such an administrative official, to decide in favor of the applicant any matter upon which it is required to pass under such an ordinance or to effect any variation in the ordinance, or to recommend any variation or modification in the ordinance to the president and board of trustees.

(Ord. 305 § 21, 1997)

No change shall be made in the zoning ordinance nor shall any zoning variation be granted within six months after date upon which an official plan is adopted by the president and board of trustees unless such change in the zoning ordinance or such variation is approved by a two-thirds vote of the president and board of trustees or the zoning board of appeals then holding office, as the case may be.

(Ord. 305 § 22, 1997)