A.   Board Established; Terms: A board of appeals is hereby established which shall consist of seven (7) members to 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, one for five (5) years, one for six (6) years, and one for seven (7) years, the successor to each member so appointed to serve for a term of five (5) years.

   B.   Removal; Vacancies: Members of the board of appeals may be removed from office by the village council for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the village council for the unexpired term of the member affected.

   C.   Offices: The board of appeals shall select one member as its chairman and another to serve as its vice chairman, each for a term of one year and subject to reelection. The chairman, or in his absence, the vice chairman, may administer oaths and compel the attendance of witnesses.

   D.   Jurisdiction: The zoning board of appeals is hereby vested with the following jurisdiction and authority and it shall be its duty:

      1.   To hear and decide appeals in which it is alleged there is an error in any order, requirements, decisions, interpretation or determination (hereinafter referred to collectively as "decision") made by the zoning administrator.

      2.   To hear and recommend to the village council on applications for variations from the regulations and restrictions imposed by this title and the subdivision control ordinance, in the manner and subject to the standards set forth in chapter 9 of this title.

      3.   To hear and recommend to the mayor and village council all applications for special uses and amendments to the zoning ordinance, but only after such an application has been reviewed by, and written recommendations have been received from the plan commission.

      4.   To hear and report to the mayor and village council on such other matters as may be referred to it by the president and board of trustees, subject to the provisions of this title.

      5.   To hear and decide all other matters upon which it is authorized or required to pass under this title or the applicable Illinois statute. (Ord. 10-09, 8-17-2010)

   A.   Meetings: The board of appeals shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this title. Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

   B.   Quorum: The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision, or determination of the zoning enforcement officer or to decide in favor of the applicant on any matter upon which it is required to pass under this title.

   C.   Minutes: The board of appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the board. (Ord. 10-09, 8-17-2010)

   A.   Appeals: Appeals to the board of appeals concerning interpretation or administration of this title may be taken by any person aggrieved or by any officer or bureau of the governing body of the village affected by any decision of the zoning enforcement officer. Such appeals shall be taken within a reasonable time, not to exceed sixty (60) days or such lesser period as may be provided by the rules of the board, by filing with the zoning enforcement officer and with the board of appeals a notice of appeal specifying the grounds thereof. The zoning enforcement officer shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

   B.   Hearing; Notice: The board of appeals shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time and in no event more than forty (40) days after filing of the notice of appeal. At the hearing, any party may appear in person or by agent or attorney. Notice of the time and place of such hearing shall be published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing, in a newspaper of general circulation in the village. (Ord. 10-09, 8-17-2010)

An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning enforcement officer from whom the appeal is taken certifies to the board of appeals after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the board of appeals or by a court of record on application, on notice to the zoning enforcement officer from whom the appeal is taken and on due cause shown. (Ord. 10-09, 8-17-2010)

   A.   Decisions: The board of appeals shall hear and decide all matters presented to it within ninety (90) days from the date a complete application or appeal is received. The board of appeals may reverse or affirm, in whole or in part, or may modify or amend any order, requirement, decision or determination appealed from to the extent and in the manner the board of appeals may decide to be fitting and proper under the circumstances, subject to the provisions contained in this title or in the applicable Illinois statutes. Any absent member of the board of appeals who certifies that he has read the transcript of the proceedings before the board of appeals may vote upon any question before the board of appeals. The concurring vote of four (4) members of the board of appeals shall be necessary:

      1.   To reverse any order, requirement, decision or determination of the zoning administrator.

      2.   To recommend a granting or denial of a variation from the terms of this title to the village council.

      3.   To decide in favor of the applicant on any matter upon which the board of appeals is required to pass under this or any other ordinance.

      4.   All decisions by the board of appeals regarding variances shall be recommended to the village council, and no variance shall take effect until voted on by the village council.

   B.   Finality Of Decisions Of The Zoning Board Of Appeals: All decisions of the zoning board of appeals, on appeal from a decision of the zoning administrator or upon application for a variation, shall in all instances be final administrative determinations, and shall be subject to review by a court of law in the manner provided by the applicable Illinois statutes.

   C.   Office Of The Secretary Of The Zoning Board Of Appeals; Appointment: The secretary of the zoning board of appeals shall be appointed by the board of appeals to serve until a successor is appointed.

   D.   Duties Of The Secretary Of The Zoning Board Of Appeals: The secretary of the board of appeals shall:

      1.   Record the minutes of the board's proceedings and actions, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact.

      2.   Act as custodian of the records of the board of appeals.

      3.   Furnish members of the public with such forms for appeals and applications for variations as are approved by the board of appeals.

      4.   Receive on behalf of the zoning board of appeals all such forms, when completed and executed by the appellant or applicant, or his agent or attorney.

      5.   Perform such other duties as may be assigned from time to time by the board of appeals. (Ord. 10-09, 8-17-2010)