[Membership; terms.] A board of appeals is hereby authorized to be established. The word "board" when used in this section shall be construed to mean the board of appeals. The said board of appeals shall consist of seven members appointed by the president of the Village of Burnham and confirmed by the village board of trustees. The members of said board of appeals shall serve respectively for the following terms:

One for one year;

One for two years;

One for three years;

One for four years;

One for five years;

One for six years; and

One for seven years.

The successors to each member so appointed shall serve for a term of five years. One of the members of said board shall be by the president of the village designated as chairman of said board and shall hold his said office as chairman until his successor is appointed. Such chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. The president of the village with the approval of a majority of the members of the board of trustees shall have the power to remove any member of said board for cause and after a public hearing.

Vacancy. 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.

Jurisdiction. The board of appeals shall hear and decide appeals from and review any order, requirement, decision, or determination made by the administrative official charge[d] with the enforcement of this ordinance. It shall hear and decide all matters referred to it or upon which it is required to pass under this ordinance. The concurring vote of four members of the board shall be necessary to revise any order, requirement, decision or determination of any such administrative official or to decide in favor of the applicant any matter upon which it is required to pass under this ordinance or to effect any variation in this ordinance. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the board shall immediately be filed in the office of the village board and become a public record. The board shall adopt its own rules or procedure not in conflict with the statute in such case made and provided.

Meetings. All meetings of the board of appeals shall be held at the call of the chairman and at such other times as such board may determine. All meetings of said board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon any question or if absent or failing to vote indicate such fact, and shall also keep record of its examinations in the minutes of each case of a requested variation, specifying the reasons for making such variations.

Appeal and review. An appeal may be taken from the officer charged with the enforcement of this ordinance by any person aggrieved, or by an officer, department, [or the] board of trustees. Such appeal shall be taken within such time as shall be prescribed by the board of appeals by general rule, by filing with the officer from whom the appeal was taken and with the board of appeals a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of appeals after the notice of the appeal has been filed with him that by reason of the 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. The board of appeals shall fix a reasonable time for the hearing of the appeal and give one 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 by attorney. The board of appeals may review or affirm, in whole or in part, or may modify the order, requirement, decision or determination, and to that end shall have the power to reverse or affirm the officer from whom the appeal is taken. Any person or persons jointly or severally aggrieved by any decision of the board of appeals or any officer, department, or [the] board of trustees of the village, may present to a court of record a petition duly verified setting forth that such decision is a petition duly verified setting forth that such decision is illegal in whole or in part, specifying the grounds of that illegality. Such petition must be presented to the court within 30 days after the filing of the decision of the board of appeals in the office of the village board of trustees. If upon presentation of such petition the court shall allow a writ of certiorari directed to the board of appeals to review such decision of the board of appeals, the allowance of such writ shall not stay the proceedings appealed from unless the court issuing such writ shall so direct. The board of appeals shall not be required to return, in response to such writ of the court, the original papers acted upon by the board, but it shall be sufficient to return certified photostatic, or sworn copies thereof, or such portions thereof as may be called for by such writ. The return of the board required by such writ must concisely set forth such other facts as may be pertinent and material to show the grounds of decision appealed from, and such return must be verified.

Varances. Where in specific cases permits are applied for and there are practical difficulties or particular hardship in the way of carrying out the strict letter of any provisions or regulations of this ordinance relating to the use, construction, or alteration of the buildings or structures, or the use of land, the board of appeals may authorize a variation in their application in harmony with their general purpose and interest and in accordance with the following rules: No variation in the application of the provision of this ordinance shall be made by the board of appeals concerning the use of land, the intensity of such use, the size, shape, or location of courts or open spaces, or the height of structures now existing or to be constructed, unless after a hearing as provided for in this section, the board of appeals shall find that such variation will not:

(1)

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

(2)

Will not increase the hazard from fire and other dangers to property;

(3)

Will not diminish the taxable value of land and buildings throughout the village;

(4)

Will not increase the congestion of the public streets; and

(5)

Will not otherwise impair the public health, safety, comfort, morals and welfare of the inhabitants of said village, nor shall any such variation be made in any case unless the same shall comply with the following limitations:

1.

Such variation, whether applicable to new buildings or to additions to or alterations or extensions of existing buildings, shall not reduce the required dimensions of open spaces by more than 20 percent, nor reduce the required total area of open spaces by more than ten percent, nor reduce the required total lot area by more than five percent.

2.

Such variation shall not permit an increase in the height of structures more than ten percent above the maximum height permitted by this ordinance.

3.

Such variation shall not permit any extension of a nonconforming use throughout a building or lot contrary to the limitation imposed in paragraphs one and ten of this section.

Application for hearing; fee.

Any person, firm or corporation who may hereafter file with the building commissioner or with the board of appeals on application praying for a change in zoning regulations, or for any variation of the application of zoning regulations provided by law, shall, at the time of filing such petition, pay to the Village of Burnham, a minimum fee of $25.00, plus [the] cost of publication to defray expenses incident to the hearing of such matters.

Cross reference— Boards and commissions, § 2-501 et seq.