A.   Membership: There shall be a board of appeals consisting of seven (7) members appointed by the mayor and confirmed by the city council.

   B.   Terms: The members of said board shall serve respectively for the following terms, or until their respective successors are appointed and qualified: one member for one year, one member for two (2) years, one member for three (3) years, one member for four (4) years, one member for five (5) years, one member for six (6) years and one member for seven (7) years. The successor of each member so appointed shall serve for a term of five (5) years.

   C.   Chairperson: The mayor shall designate one member as the chairperson of the board of appeals. Said designee shall remain chairperson until his successor is appointed. The chairperson, or in his absence the acting chairperson, may administer oaths and compel the attendance of witnesses.

   D.   Removal Or Vacancies: The appointing authority shall have the power to remove any member of said board of appeals for cause and after public hearing. Vacancies upon said board shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of such member. (Ord. 6734, 6-11-2003)

   A.   Meetings: All meetings of the board of appeals shall be held at the call of the chairperson and at such other times as the board may determine. All hearings conducted by said board shall be open to the public and conducted according to the following procedures;

   B.   Public Hearing: The board shall make no recommendation except in a specific case and after a public hearing conducted by the board. A notice of the time and place of such public hearing shall be published in a newspaper of general circulation in the city at least once, not more than thirty (30) nor less than fifteen (15) days previous to the hearing. Such notice, shall contain the particular address or location of the property for which the variation or the ruling by the board is sought, as well as a brief description of the nature of the appeal, and of what the proposed variance consists;

   C.   Minutes: The board shall keep minutes of its proceeding showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions;

   D.   Findings Of Fact: Findings of fact shall be included in the minutes of each case of a requested variation, and the reasons for recommending or denying such variation shall be specified;

   E.   Filing Of Decisions: Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the board shall be filed immediately in the office of the city planner and shall be a public record;

   F.   Rules Of Procedure: The board shall adopt its own rules of procedure not in conflict with this title or with the Illinois Compiled Statutes. (Ord. 6734, 6-11-2003)

   A.   An appeal may be taken to the board of appeals by any person or by any officer, department, board or bureau of the city affected by a decision of the building inspector. Such appeal shall be taken within such time as shall be prescribed by the board of appeals by filing with the building inspector and with the board of appeals a notice of appeal, specifying the grounds thereof. The building inspector shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken. A fee of one hundred fifty dollars ($150.00) shall accompany all notices of appeal. The fee shall not be charged to appeals initiated by the city council, the city plan commission, the city planner, the director of the department of public works, the corporation counselor or the city attorney. (Ord. 6734, 6-11-2003; amd. Ord. 7438, 12-17-2014)

   B.   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board of appeals 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 which case the proceedings shall not be stayed otherwise 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 building inspector and on due cause shown.

   C.   The board shall fix a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney. (Ord. 6734, 6-11-2003)

The powers of the board of appeals shall be limited to the following:

   A.   To Interpret This Title:

      1.   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the building inspector in the enforcement of this title; and

      2.   To interpret the provisions of this title in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts accompanying and made a part of this title where the street layout on the ground varies from the street layout as shown on the map aforesaid.

   B.   To Permit The Following Exceptions:

      1.   Use of premises for public utility and railroad purposes; and

      2.   Reconstruction of a nonconforming building that would otherwise be prohibited by subsection 11-3-9F of this title where it is not detrimental to the public welfare.

   C.   To Permit The Following Variations:

      1.   Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, which condition is not generally prevalent in the neighborhood and which condition when related to the yard regulations of this title would prevent a reasonable or sensible arrangement of buildings on the lot; and

      2.   Vary the parking regulations where an applicant demonstrates conclusively that the specific use of a building would make unnecessary the parking spaces required by this title but providing that such a reduction not be more than fifty percent (50%) of the usual requirement.

   D.   Limitation On Powers: The board has no other powers than those specified in subsections A, B, and C of this section. (Ord. 6734, 6-11-2003)

   A.   No order of the board permitting the erection or alteration of a building shall be valid for a period longer than six (6) months, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

   B.   No order of the board permitting a use of a building or premises shall be valid for a period longer than six (6) months, unless such use is established within such period, provided however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. (Ord. 6734, 6-11-2003)

All final administrative decisions of the board of appeals 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. (Ord. 6734, 6-11-2003)