(A)   A Board of Appeals shall be established. The word "Board" when used shall be construed to mean the Board of Appeals. The Board shall consist of five (5) members, all of whom shall be appointed and approved by the Corporate Authorities.

Members of the Board shall reside only in the territory subject to the application of the provisions of this title and the failure of any member of the Board to maintain this residence qualification at any time shall subject him to removal from said Board for cause. The term of office of the members of the Board shall be for five (5) years, except that the membership of the first Board appointed shall serve respectively for terms of one for one year, one for two (2) years, one for three (3) years, one for four (4) years, and one for five (5) years. Thereafter, members shall be appointed for terms of five (5) years each. Vacancies shall be filled for the unexpired term only. Members shall be removed for cause by the Corporate Authorities upon written charges and after a public hearing.

   (B)   The Board shall elect its own Chairman and Vice-Chairman who shall serve for one year. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this title. The Board shall, in addition, adopt a schedule of fees or other method to determine the manner and amount of charges to be collected by the Code Enforcement Officer for the erection, construction, enlargement, reconstruction or extension of any building or structure after the effective date of this title, and to provide for such other fees and charges as may be necessary to carry into effect the provisions hereof.

   (C)   Meetings of the Board shall be held at the call of the Chairman or any two (2) members, or at such other times as the Board may determine. Four (4) members of the Board shall constitute a quorum and a majority vote of the members present shall determine all questions presented to the Board except as otherwise provided in this title. The Chairman shall be entitled to vote upon all questions presented to the Board. Such Chairman, or in his absence the acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board 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, determinations and other official actions, all of which shall be immediately filed in the Office of the Board and shall be a public record. Official action and minutes of the proceedings shall be taken down by a reporter employed by the Board for the purpose. The Board may select or appoint such officers as it deems necessary. (Ord. 69-23, 4-6-1970)

   (D)   The members of the Board shall receive compensation for their services, not to exceed twenty dollars ($20.00) for each such day of service, to be fixed by the Corporate Authorities. The per diem compensation shall be paid out of the General Fund of the City. (Ord. 69-23, 4-6-1970; amd. 2018 Code)

The Board shall have the following powers and duties:

   (A)   Powers Relative To Errors: To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Code Enforcement Officer in the enforcement of this title.

   (B)   Powers Relative To Variations: When, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of adoption of this title, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the area, the strict application of the area regulations would result in peculiar and exceptional practical difficulties of exceptional and undue hardship upon the owner of such property, the Board shall be empowered to authorize, upon application for an appeal in regard to such property, a variation from such district application so as to relieve such difficulty or hardship.

   (C)   Powers Relative To Exceptions: Upon application for appeal the Board shall be empowered to permit the following exceptions:

      1.   To permit the extension of a district where the boundary line of a district divides a lot of record in single ownership.

      2.   To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or the public enemy to the extent of more than fifty percent (50%) of its assessed value when the Board finds some compelling public necessity requiring a continuance of the nonconforming use, but in no case shall such permit be issued if its primary function is to continue a monopoly.

      3.   To interpret the provisions of this title where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts.

      4.   To vary parking regulations whenever the character or use of the building is such as to make unnecessary the full provision of parking facilities or when such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.

   (D)   Power Of The Officer: In exercising the above powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. In considering all appeals or applications for variations or exceptions, the Board shall before making any finding in a specific case first determine that the proposed change will not constitute a change, including a variation in use, in the district map and will not impair an adequate supply of light and air to adjacent property, or increase congestion in public streets or increase the danger of fire or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the City. Every change granted or denied by the Board shall be accompanied by a written finding of fact based on sworn testimony and evidence, specifying the reason for granting or denying the variation. The decision of the Board shall be made a part of any building permit in which variation is allowed.

   (E)   Concurring Vote: The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Code Enforcement Officer, or to decide in favor of the applicant on any matter upon which it is required to pass or to effect any variations in this title. (Ord. 69-23, 4-6-1970)

   (A)   Appeals to the Board of any matter over which the Board is specifically granted jurisdiction may be taken by any person aggrieved, or by an officer, department, any board or bureau of the City affected by any decision of the Code Enforcement Officer. Such appeal shall be taken within sixty (60) days of such decision by filing with the Code Enforcement Officer and with the Board a notice of appeal specifying the grounds thereof. The Code Enforcement Officer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken.

   (B)   An appeal stays all proceedings in furtherance of the action appealed from, unless the Code Enforcement Officer certifies to the Board 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 such case, proceedings shall not be stayed otherwise than by proper legal action.

   (C)   Upon an appeal, request for a variation or exception, the Board shall fix a reasonable time for a hearing. Upon an appeal from any decision of the Code Enforcement Officer, request for variation or exception, the Board shall give not less than fifteen (15) days' public notice of a hearing thereon in a newspaper of general circulation. The notice shall contain the particular location of the property affected by the decision appealed from or the variation or exception requested, as well as a brief statement of the nature of the appeal or of what the proposed variation or exception consists.

The Secretary of the Board shall give due notice of the place and time for hearing of the appeal application, request for variation or exception to the parties concerned either in person or by registered mail, return receipt requested, not less than fifteen (15) days and not more than thirty (30) days prior to the hearing. Said notice shall state the name and address of the applicant, the name and address of the owner of the property, the location of the property and a brief statement of the nature of the appeal, request for variation or exception. Said notice shall be sent to the property owners, as recorded in the Office of the County Recorder of Deeds of the County, and as appears from the authentic tax records of the City or the County of all property within two hundred fifty feet (250') in each direction of the location for which the appeal, variation or exception is requested; the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in determining the two hundred fifty foot (250') requirement. The applicant shall furnish the Board a complete list containing the names and last known addresses of the owners of property required to be served at the time the application is filed. Upon the hearing, any party may appear in person or by agent or by attorney. (Ord. 69-23, 4-6-1970)

   (D)   The party filing a notice of appeal or any other request requiring a hearing before the Board shall pay at the time of filing, a filing fee of two hundred dollars ($200.00) and an additional fee shall be paid for the costs of any required publication and postage for mailing any required notices. The filing fee shall be paid at the time of filing the petition. The publication and/or mailing cost shall be paid prior to the hearing. The fees shall be paid to the City Clerk, who shall give a receipt therefor; and a copy of the receipt shall be presented to the Board with the notice of appeal, as evidence that the fees required in the case have been paid. The fees thus collected by the City Clerk shall be paid to the credit of the General Fund of the City. Under no condition shall the sum or any part thereof be refunded for failure of the change to be adopted by the Board or the Corporate Authorities. (Ord. 2014-2, 5-13-2014)