A Zoning Board of Appeals is established. The Zoning Board shall consist of seven (7) members appointed by the Board of Trustees. The members of the Zoning Board shall serve respectively for the following term: one (1) for one (1) year, one (1) for two (2) years, one (1) for three (3) years, one (1) for four (4) years, one (1) for five (5) years, one (1) for six (6) years and one (1) for seven (7) years, the successor to each member so appointed to serve for a term of five (5) years. The Board of Trustees shall designate one (1) of the appointed members as chairperson of the Zoning Board at the time of his or her appointment, and the appointed chairperson shall hold office as chairperson until a successor is appointed. Special meetings may be held at the call of the chairperson or as determined by the Zoning Board. Such chairperson, or in his/her absence, the acting chairperson, may administer oaths and compel attendance of witnesses. All meetings of the Zoning Board shall be open to the public. The Zoning Board shall keep minutes of its proceedings showing the vote of each member on every question. If any member is absent or fails to vote, the minutes shall indicate such a fact. The Zoning Board shall adopt its own rules of procedure not in conflict with the statute of this Title. Vacancies upon the Board of Appeals shall be filled for the unexpired term of the member whose place has become vacant. The Village Board of Trustees shall have the power to remove any member of the Board of Appeals for cause and after a public hearing.

The Zoning Board shall hear and decide appeals from any order, requirements, decision or determination made by the Zoning Officer. It shall also hear and decide all matters referred to it or upon which it is required to pass under this Title. The Zoning Board may reverse or affirm, wholly or partly, or may modify or amend the order, requirement, decision or determination appealed from the extent and manner that the Zoning Board may decide to be fitting and proper in the premises, and to that end the Zoning Board shall also have all powers of the officer from whom the appeal is taken. The Zoning Board shall have the powers set out in Sections 17.44.030 through 17.44.070.

The Zoning Board shall have the power to permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.

The Zoning Board shall have the power to interpret the provisions of this Title where the street layout actually on the ground varies from the street layout as shown on the district map fixing the several districts.

The Zoning Board shall have the power to grant a variance when it is determined in specific cases that there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of the regulations and standards of this Title relating to the construction or alteration of structures. A variance from the terms of this Title shall not be granted by the Board unless and until:

A.

A written application for a variance is submitted demonstrating:

1.

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

2.

That literal interpretation of the provisions of this Title would deprive the applicant of rights commonly enjoyed by other lands or structures in the same district under the terms of this Title.

3.

That the special conditions and circumstances do not result from the actions of the applicant.

4.

That the granting of the variance requested will not confer on the applicant any special privilege that is denied by this Title to other lands or structures in the same district.

No nonconforming use of neighboring lands or structures in the same district, and no permitted use of lands or structures in other districts shall be considered grounds for the issuance of a variance.

5.

Where the requested variance is for permission to move a structure or part thereof as defined in Section 17.04.040 of this Title, that the granting of the variance will not adversely affect the value of the surrounding premises or otherwise adversely affect the neighborhood to which the structure or part thereof would be moved.

B.

The application is in proper form and a fee as may be determined by the Village Board has been paid. The Zoning Board shall hold a public hearing on such matter in accordance with the provisions of Sections 17.48.040 through 17.48.060. Reasonable special conditions and safeguards for the protection of the public health, safety, and welfare may be imposed by the Zoning Board if it grants the application for variance.

C.

The power to grant a variance, as granted to the Zoning Board in this Section 17.44.050, shall not include:

1.

The power to grant a variance with regard to the front-yard setback requirements established in this Title 17 when the application for variance concerns a structure to be constructed, erected, or placed in a front yard in a residential district; provided that this prohibition to grant a variance for a front-yard setback shall not apply to a front-yard setback variance request being made by a school that has been granted a special use in an R-1 district under Section 17.36.020(F); or

2.

The power to grant a variance with regard to any setback requirements established in this Title 17 if the application for variance concerns an accessory storage structure as described in Section 17.08.020(F) of this Title 17.

The Zoning Board shall have the power to hear all applications for special uses and to make and submit to the Village Board such findings and recommendations with respect thereto as provided hereinafter:

A.

An application for one (1) of the special uses of land specified in Section 17.36.030 shall be made by filing a written application or petition to the Zoning Board. Such application shall:

1.

State the name, address of applicant and the owner;

2.

State the location of property for which the special use is sought;

3.

State the specific special use desired;

4.

State facts sufficient to demonstrate that the conditions prescribed in Section 17.36.020 exist and support such statement with any plans and/or data necessary for the proper understanding of the application or such plans or data as are required by the Zoning Board.

B.

If the application for a special use is in proper form and the fee specified has been paid, the Zoning Board shall hold a public hearing on such matter in accordance with the provisions of Sections 17.48.040 through 17.48.080(A). The Zoning Board shall make a report to the Village Board and in such report shall indicate their recommendation of approval or disapproval of the special use applied for. Such report may also recommend that reasonable special conditions and safeguards for the protection of the public health, safety, and welfare be imposed by the Village Board if it grants the application for special use. A special use permit granted by the Village Board shall remain valid for one (1) calendar year from the date of granting unless the use is established prior to such termination date. Such special use may be extended by the Village Board for periods of six (6) months if the Village Board finds that such extensions are in conformity with this Title and the general welfare of the Village.

Nothing herein contained shall be construed to give or grant to the Board of Appeals the power or authority to alter or change the Zoning Ordinance or the district map, such power and authority being reserved to the Village Board.

A.

An appeal to the Zoning Board may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality. The appeal shall be taken within forty-five (45) days after the action complained of by filing with the zoning office from whom the appeal is taken and with the Zoning Board a notice of appeal, specifying the grounds thereof. The Zoning Officer from whom the appeal is taken shall forthwith transmit to the Zoning Board all the paper constituting the record upon which the action appealed from was taken.

B.

An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Officer from whom the appeal is taken certifies to the Zoning Board after the notice of appeal has been filed with him/her, that by reason of facts stated in the certificate a stay would in his/her opinion cause imminent peril to life or property. In this event the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board or by a court of record on application and on notice to the Zoning Officer from whom the appeal is taken, and on due cause shown.

C.

The Zoning Board shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the appeal within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. The Zoning Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end has all the power of the Zoning Officer from whom the appeal is taken.

All final administrative decisions of the Zoning Board rendered under the terms of this Title shall be subject to judicial review, pursuant to the provisions of the Administrative Review Act, and all amendments and modifications thereof, and the rules adopted pursuant thereto.