(a)   A Board of Zoning Appeals is hereby established. The Board shall consist of five members, who shall be appointed by the Mayor, after confirmation by the Village Council, for terms of three years each. All such members shall serve without compensation.

   (b)   The Board of Zoning Appeals shall elect a chairperson from its membership and shall prescribe rules for the conduct of its affairs. A majority of the members of the Board of Zoning Appeals shall constitute a quorum for the transaction of all business and action by the Board on any matter shall be effected by the concurring votes of at least three of its members.

(Ord. 2013-01. Passed 2-5-13.)

   (a)   Generally.

      (1)   The Board of Zoning Appeals shall have the power to adopt rules and regulations for its own government, not inconsistent with law or with the provisions of this or any other ordinance of the Village.

      (2)   Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson, or, in his or her absence, the acting Chairperson, may administer oaths and compel the attendance of witnesses.

      (3)   Hearings of the Board shall be public. The Board shall keep minutes of its proceedings, showing the action of the Board and the vote of each member on 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 immediately filed in the office of the Board and shall be public record.

      (4)   The presence of three of the five members of the Board shall constitute a quorum.

      (5)   The Board shall act by resolution. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector, or to decide in favor of the applicant in any matter on which it is required to pass under this Zoning Ordinance, or to affect any variation in the requirements of this Zoning Ordinance.

      (1)   An application to the Board, in cases in which it has original jurisdiction under the provisions of this Zoning Ordinance, may be taken by any property owner, including a tenant, or by a governmental official, department, board or bureau. Such application shall be filed with the Zoning Inspector, who shall transmit the same, together with all plans, specifications and other papers pertaining to the application, to the Board.

      (2)   An appeal to the Board may be taken by any property owner, including a tenant, or by any governmental official, department, board or bureau affected by any ruling of the Zoning Inspector. Such appeal shall be taken within a reasonable time, as prescribed by the rules of the Board by filing with the Zoning Inspector a notice of appeal, specifying the grounds thereof along with payment of the fee associated with an appeal. The Zoning Inspector shall forthwith transmit to the Board such notice of appeal, together with all the plans and papers constituting a record on which the action was appealed.

      (3)   The Board shall fix a reasonable time for the hearing of an application or of an appeal. The Board shall serve notices to the applicant or appellant by regular mail or email, to the owners of all properties adjoining the lot involved in the application or appeal by certified mail, and to the Zoning Inspector, at least five days before the time when the application or appeal shall be considered by the Board. Any party may appear at such hearing in person, by agent or by attorney. The Board shall decide the application within a reasonable time.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   The Board of Zoning Appeals shall have jurisdiction and shall have the specific and general duties and powers in matters set forth in this Zoning Ordinance.

      (1)   The special exceptions described in Section 1280.02(a).

      (2)   The substitution for a non-conforming use of another non-conforming use which, in the opinion of the Board of Zoning Appeals, is of the same or a less objectionable nature with respect to its effect on the neighborhood, provided that no structural alterations, except such as are required by law or ordinance, are made in any structure.

      (3)   The extension of a non-conforming use throughout a structure, manifestly designed for such use, provided that no structural alterations, except such as are required by law or ordinance, is made therein.

      (4)   The temporary use of a structure or of land in any district for a purpose or use which does not conform to the regulations prescribed by this Zoning Ordinance for the district in which it is located, provided that such use is of a true temporary nature and does not involve the erection of substantial structures. A zoning permit for such temporary use shall be revocable and for not more than a 12-month period, subject to such conditions as will safeguard the public health, safety, convenience, comfort and general welfare.

      In authorizing a special exception, the Board may attach thereto such conditions or requirements governing the location, character or other features of the proposed structure or use and its maintenance, occupancy or operation, as the Board may deem necessary in furtherance of the purposes of this Zoning Ordinance.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)

   In exercising its powers, the Board of Zoning Appeals may, in conformity with the provisions of this Zoning Ordinance, reverse, wholly or partly, or modify, the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as deemed necessary.

(Ord. 2013-01. Passed 2-5-13; Ord. 2019-04. Passed 4-2-19.)