A board of appeals is hereby authorized to be established and shall consist of seven (7) members appointed by the president and confirmed by the village board. The word "board" when used in this section shall mean the board of appeals. The first five (5) members appointed shall serve terms of one (1), two (2), three (3), four (4) and five (5) years respectively. Thereafter, appointments shall be for five-year terms and, when vacancies occur, for the unexpired terms only. The president shall have power to remove any member for cause, after a public hearing, upon giving ten (10) days' written notice thereof.

The president shall name a member as chairman upon his appointment. Meetings shall be held at the call of the chairman or any three (3) members. They shall be held within the village and shall be open to the public. The chairman may administer oaths and compel the attendance of witnesses. When necessary, an acting chairman may perform the duties of the chairman.

The board shall keep minutes showing the attendance and the vote of each member upon every question and shall keep records of its examinations and other official actions. Every rule, regulation, amendment or repeal thereof, and every order, requirement, decision or determination shall immediately be filed in the office of the village clerk and shall be open to the public. The board may incur expenditures authorized by the village board. The board shall adopt rules of procedure not in conflict with the statute.

An appeal may be taken from the officer charged with enforcement of this ordinance by any person aggrieved or by any officer, department, board or bureau of the village within such time as shall be prescribed by the board of general rule, by filing a notice of appeal specifying the grounds thereof, with the board and with the enforcing officer. The enforcing officer shall forthwith transit to the board all of the papers constituting the record in such case.

An appeal stays all proceedings in furtherance of the action appealed from unless the enforcing officer certifies that such stay would cause imminent peril to life or property, in which case the board may issue a restraining order.

The board shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the same within a reasonable time. Upon the hearing, any party may appear in person, or by agent or attorney.

Any person or persons jointly or severally aggrieved by any decision of the board, or any officer, department, board or bureau of the village may present an appeal to a court of record as provided in the statute.

The board shall hear and decide appeals from, and review any order, requirement, decision or determination of the enforcing officer and may reverse or affirm wholly or partly, or may modify such order, requirement, decision of determination as in its opinion ought to be made in the premises and to that end shall have the power of the enforcing officer.

The board may, after a public hearing, grant a variation when appealed to by the owner or agent of a specific building, structure or land which is affected, by some unusual factor of size, shape, location, topography or use either as to his own or the neighboring buildings, structures or premises, in a manner which is different from and more severe and restrictive than the manner in which neighboring properties are affected.

Such variation shall tend to relieve such exceptional hardship and at the same time observe the spirit of the ordinance. It shall not perceptibly:

1)

Impair an adequate supply of light and air to adjacent property;

2)

Increase the hazard from fires and other dangers;

3)

Diminish the taxable value of land and buildings throughout the village;

4)

Increase congestion in the public streets; and

5)

Impair the public health, safety, comfort, morals, and general welfare.

Variations shall not be granted where the only findings are that the public welfare will not suffer thereby, or that the financial condition of the applicant will be improved.

The board may grant a variation to permit the extension of a nonconforming use created by the enactment of this ordinance or any amendments thereof, if located within a building which exists and has been specifically designed for such use. No other variations shall be granted with respect to nonconforming uses. (See Article IV.)

The board may also grant a variation to permit for a period not exceeding one (1) year, a temporary building, structure or use in an R1 District for a business or industrial purpose necessary to a residential development of such district.

The board shall also hear and decide all matters referred to it or upon which it is required to pass under this ordinance.

Quorum: A quorum shall consist of four (4) members. No action may be taken by the board of appeals without a quorum present.

Vote: The concurring vote of at least four (4) of the members present shall be necessary:

(1)

To reverse any order, requirements, decision or determination of the enforcing officer.

(2)

To decide in favor of the applicant any matter upon which it is required to pass.

(3)

To effect any variation of this ordinance.

In all other matters, the concurring vote of at least a simple majority of the members present shall be determinative.