A joint zoning and planning board is hereby established. In addition to other duties assigned to the joint zoning and planning board under this code, this board shall act as the board of appeals for the zoning code as set forth in this title. The joint zoning and planning board shall consist of five (5) members appointed by the village board. Wherever in this title or this code reference is made to the "zoning board", the "board of appeals", or the "planning commission", said reference shall be to the joint zoning and planning board established hereby.

The members of the joint zoning and planning board shall serve respectively for the following terms: one for one year, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years, the successor to each member so appointed to serve for a term of five (5) years. The village board shall designate one of the appointed members as chairman of said board, at the time of his appointment, and said appointed chairman shall hold his office as chairman until his successor is appointed. Each term shall expire on the date of the May monthly meeting for that respective year.

The village board shall fill any vacancies on the joint zoning and planning board for the remaining portion of the unexpired term of the member whose place has become vacant. The village board shall have the power to remove any member of the joint zoning and planning board for cause after a public hearing. (Ord. 2011-05, 8-1-2011)

The joint zoning and planning board shall have the following powers:

   (A)   Hear and decide appeals from any order, requirement, decision, or determination made by the zoning officer, and the joint zoning and planning board may affirm, in whole or in part, reverse, or modify or amend any such order, requirement, decision, or determination.

   (B)   Review all applications for a variance, determining whether such variance should be granted or denied (see section 10-13-6 of this title).

   (C)   Hear all applications for special uses and zoning amendments and to make and submit to the village board such findings and recommendations with respect thereto (see section 10-13-7 or chapter 12 of this title).

   (D)   Interpret the provisions of this title where the street layout actually on the ground varies from the street layout as shown on the village official zoning map fixing the several districts.

   (E)   Interpret this title when an ambiguity exists in its provisions.

   (F)   Hear all other matters referred to the joint zoning and planning board under this title, making such recommendations or decision as provided.

Nothing herein contained shall be construed to give or grant to the joint zoning and planning board the power or authority to alter or change the zoning title or the village official zoning map; such power and authority being reserved to the village board. (Ord. 2004-16, 9-7-2004)

The joint zoning and planning board shall hold meetings at least once every month. Special meetings may be held at the call of the chairman or as otherwise requested by the two (2) members of the joint zoning and planning board. All meetings shall be open to the public. A meeting shall not be held when a quorum (a majority) of the joint zoning and planning board is not present.

The concurring vote of four (4) members of the joint zoning and planning board is necessary to reverse any order, requirement, decision, or determination of the zoning officer, or to decide in favor of the applicant on any matter upon which the joint zoning and planning board is required to pass under this title, or to effect any variation in this title, or to recommend a special use or a modification or amendment to this title to the village board.

If the chairman is absent from a meeting, before conducting business, the remaining members of the joint zoning and planning board who are present shall nominate and appoint an acting chairman for that meeting only.

The chairman, or in his absence the acting chairman, may administer oaths and compel attendance of witnesses.

Prior to every meeting, the zoning officer shall post an agenda for the meeting in compliance with the Illinois open meetings act and shall provide a copy of the agenda and any minutes from previous meetings that will be reviewed at the upcoming meeting to all members of the joint zoning and planning board.

The joint zoning and planning 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 joint zoning and planning board shall adopt its own rules of procedure not in conflict with the statutes or this title. The joint zoning and planning board shall also make written findings of fact, conclusions, and recommendations when required under this title.

Every rule, regulation, order, requirement, recommendation, decision, or determination of the joint zoning and planning board and approved meeting minutes shall be filed with the office of the village clerk and shall be a public record. (Ord. 2004-16, 9-7-2004)

   (A)   An appeal to the joint zoning and planning board may be taken by any person aggrieved by any order, requirement, decision, or determination made by the zoning officer or by any office, department, or board of the village. The appeal shall be taken within forty five (45) days of the action being contested by filing a notice of appeal, specifying the grounds thereof, with the zoning officer. The zoning officer shall immediately transmit to the joint zoning and planning board all documents and other materials 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 certifies to the joint zoning and planning board after the notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In this event, the proceedings shall not be stayed unless done so by a restraining order issued by the joint zoning and planning board or by a court of record after application to the zoning officer and on due cause shown.

   (C)   The joint zoning and planning board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties. The joint zoning and planning board shall 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. (Ord. 2004-16, 9-7-2004)