A board of zoning appeals is hereby created. Such board shall consist of five members, and may consist of two alternates, appointed by the village council. Regular and alternate members shall be registered electors of the village, provided that no elected officials of the village, nor any employee or contractor of the village, may serve as a member of the board except as provided herein. One of the regular members of the board shall be a member of the village planning commission. One regular member may be a member of the village council, but that member shall not serve as chairperson of the board of zoning appeals. The board shall elect one of its members as chairperson and one of its members as secretary.

Initially, one member of the board shall be appointed for a term of three years, two members shall be appointed for a term of two years each, and two members shall be appointed for a term of one year each. Thereafter, each member, when appointed, shall have a term of three years. Alternates shall be appointed for three year terms.

Members of the board may be removed at the pleasure of the village council. Any vacancy on the board shall be filled by the village council for the remainder of the unexpired term. An alternate member of the board may be called to serve if the regular member is unable to attend or has abstained for reasons of conflict of interest. An alternate member appointed in a case shall serve in that case until a final decision is made. An alternate member shall vote and otherwise have all of the authority and responsibility of a regular member.

The duties of officers of the board of zoning appeals shall include the following: The chairperson shall call to order and preside over all lawful meetings of the board of zoning appeals. The vice-chairperson shall call to order and preside over board of zoning appeals meetings in the absence of the chairperson. The secretary shall faithfully record and transcribe the minutes of all board of zoning appeals meetings and shall sign all board of zoning appeals minutes to certify that they have been adopted as written by the board of zoning appeals. The secretary shall also provide typed original copies of all proposed and adopted board of zoning appeals minutes to the village clerk for safekeeping and public inspection at the village offices. The secretary shall also provide copies of proposed and approved board of zoning appeals minutes to the village manager, or the village manager's designated staff recipient, for distribution to members of the village council and to other members of the board of zoning appeals. The secretary shall so transcribe and distribute copies of all proposed and approved board of zoning appeals minutes in accordance with law. The secretary shall also, in a timely fashion, report in writing to the village manager, or the village manager's designee, the attendance record of each board of zoning appeals member over the previous board of zoning appeals pay period for purposes of calculating compensation due to each board of zoning appeals member for their valuable services rendered on behalf of the village.

Members of the board of zoning appeals are entitled to fair compensation for their valuable services rendered on behalf of the village. Accordingly, members of the board of zoning appeals shall be paid fair compensation as set and adjusted from time to time by the village council.

Meetings of the board of zoning appeals shall be open to the public and shall be at the call of the chairperson and at such other times as the board shall specify in its rules of procedure. No less than three of the regular members of the board of appeals must be present to constitute a quorum for the conduct of business.

A majority of the members of the board of zoning appeals shall be necessary to reverse an order, requirement, decision, or determination of an administrative official or body, or to decide in favor of an applicant on any matter upon which they are required to pass under this chapter, or to effect a variation in this chapter, except that a concurring vote of two-thirds of the members of the board of zoning appeals shall be necessary to grant a variance from uses of land permitted in this chapter.

Subject to the provisions of this article, the board of zoning appeals, after a public hearing, shall have the power to decide applications for variances filed as provided in this section.

(1)

Where it is alleged by the appellant that there is error or misinterpretation in any order, requirement, decision, grant or refusal made by the zoning administrator or other administrative office in the carrying out or enforcement of the provisions of this chapter.

(2)

Where, by reason of the exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of the land, building or structure, or of the use or development of property immediately adjoining the property in question, the literal enforcement of the requirements of this chapter would involve practical difficulties or would cause undue hardships.

(3)

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this article relating to the construction, structural changes in equipment, or alterations of buildings or structures, or the use of land, buildings or structures so that the spirit of this article shall be observed, public safety secured, and substantial justice done.

No variance in the provisions or requirements of this chapter shall be authorized by the board unless the board of zoning appeals makes findings, based upon competent material and substantial evidence on the whole record, as to each of the following matters: As to a dimensional variance, being a variance regarding the dimensional characteristics of a lot, parcel or property or a variance because of exceptional topographic or other conditions of the land, buildings or structures, the board must make findings as to each of the following matters based on no less than three concurring votes. As to a use variance, being a variance from the provisions or requirements of this chapter because of the actual or proposed use of the property requested by the applicant, no less than four concurring members of the board of appeals must find that based on competent material and substantial evidence on the whole record all of the following exist:

(1)

That the enforcement of the literal requirements of this chapter would cause unnecessary hardship, as to a use variance, or practical difficulties, as to a dimensional variance.

(2)

That special conditions or circumstances exist which are peculiar to the land, structures or buildings involved and which are not applicable to other lands, structures or buildings in the same zoning district.

(3)

That literal interpretation of the provisions of this chapter would deprive the applicant of property rights commonly enjoyed by other properties in the same zoning district.

(4)

That the authorizing of such variance will not be of substantial detriment to adjacent or nearby lands, structures or buildings, and will not be contrary to the spirit and purpose of this chapter.

(5)

That the special circumstances or conditions referred to in subsection (2) do not result from the actions of the applicant.

In authorizing a variance or exception, the board of zoning appeals may, in addition to the conditions of approval called for in this article, attach thereto such other conditions regarding the location, character, landscaping or treatment of the use, or as to other matters, reasonably necessary to carry out the intent and spirit of this article and the protection of the public interest.

(a)

Applications or appeals under this article shall be taken by the filing of a notice of application or appeal with the village clerk specifying the grounds thereof. The clerk shall transmit to the board the application and all the papers constituting the record from which the application or appeal was taken.

(b)

When a notice of appeal has been filed in proper form with the village clerk, the clerk shall immediately place such request for appeal on the calendar for hearing and shall cause notice to be provided in the manner specified in section 78-8. The board of zoning appeals may recess such hearing from time to time, and if the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice thereof shall be required.

(c)

The board of zoning appeals may reverse or affirm wholly or partly or may modify the order, requirements, decision or determination as in its opinion ought to be made in the matter, and to that end shall have all the powers of the officer from whom the appeal was taken, and may issue or direct the issuance of a permit. The grounds of each determination of the board of zoning appeals shall be stated in its minutes.

(d)

The decision of the board of zoning appeals is final. Any person aggrieved by a decision of the board may appeal to circuit court, as provided by law.

(e)

Reserved.

The board of zoning appeals shall decide all applications and appeals within ten days after the final hearing. A copy of the board's decision shall be transmitted to the applicant or appellant, and to the zoning administrator and building inspector. Such decision shall be binding upon the zoning administrator and building inspector and shall be observed by them. A decision of the board shall not become final until the expiration of five days from the date such decision is made, unless the board shall find the immediate effect of such order is necessary for the preservation of property or personal rights and shall so certify on the record.

An appeal to the board of zoning appeals shall stay all proceedings in furtherance of the action appealed from, unless the zoning administrator and/or building inspector certifies to the board after notice of appeal shall have been filed with him, that by reason of fact stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may, on due cause shown, be granted by the board, or by the circuit court on application, after notice to the zoning administrator and/or building inspector.

Any variance granted by the board of appeals shall automatically become null and void after a period of one year from the date granted unless the applicant shall have taken substantial steps toward effecting the variance within such period; however, the board of zoning appeals may extend such period for a further period of time not exceeding one year upon application and without further notice.