A board of zoning appeals is hereby established in accordance with Chapter 65, Section 5/11-13-3 of the Illinois Compiled Statutes.

(Sec. 14.1)

The board of zoning appeals shall consist of seven regular members and may include one alternate member, all of whom shall be residents of the city appointed by the mayor and approved by the city council.

(Sec. 14.2.1)

The term of office of the members of the board of zoning appeals shall be for five years. Vacancies shall be filled for the unexpired term only. Members shall be removed for cause by the mayor and the city council upon written charges and after public hearing.

(Sec. 14.2.2)

The board of zoning appeals shall elect its own chairman and vice chairman who shall serve for one year.

(Sec. 14.2.3)

The board of zoning appeals shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Code.

(Sec. 14.2.4)

Meetings shall be held at the call of the chairman and at such other times as the board of zoning appeals may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board of zoning appeals shall be open to the public. The board of zoning appeals 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 and other official actions, all of which shall be immediately filed in the office of the board of zoning appeals and shall be a public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter utilized by the board of zoning appeals for that purpose.

(Sec. 14.2.5)

Four members of the board shall constitute a quorum.

(Sec. 14.2.6)

Appeals to the board of zoning appeals on any matter over which the board is herein specifically granted jurisdiction may be taken by any person aggrieved or by an officer, department or board, other than the board of zoning appeals, or bureau of the city affected by any decision of the development administrator. Such appeal shall be taken within a reasonable time, by filing with the development administrator and with the board of zoning appeals of notice of appeal specifying the grounds thereof. The development administrator shall immediately transmit to the board of zoning appeals all the papers constituting the record upon which the action appealed is taken.

(Sec. 14.3.1)

An appeal stays all proceedings in furtherance of the action appealed from, unless the development administrator certifies to the board of zoning appeals after the notice of appeal shall have 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 a restraining order which may be granted by the board of zoning appeals or by a court of record on application or notice to the development administrator on good cause shown.

(Sec. 14.3.2)

The board of zoning appeals shall fix a reasonable time for the hearing of the appeal, give not less than 15 days notice thereof in a newspaper of general circulation, as well as due notice to the parties in interest (owners or agents of property abutting or fronting upon the property involved in the appeal), and decide the same within a reasonable time. Upon the hearing, any party may appear in person or be represented by an agent or by attorney.

(Sec. 14.3.3)

A fee shall be paid to the development administrator at the time the notice of appeal is filed, which the development administrator shall submit to the city treasurer.

(Sec. 14.3.4)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this Code.

(Sec. 14.4.1)

Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the adoption of this Code, or by reasons of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property which conditions are not generally prevalent in the neighborhood and not created by the owner, the strict application of the area regulations of this Code would result in peculiar and exceptional difficulties to, or exceptional and undue hardship upon, the owner of such property, the board of zoning appeals is hereby empowered to authorize upon an appeal relating to such property, a variance from such strict application so as to relieve such difficulties or hardships, provided such relief can be granted without substantial detriment to the public good.

(Sec. 14.4.2)

In exercising the above-mentioned powers, the board of zoning appeals may, in conformity with the provisions of this Code, reverse or affirm wholly or partly, or may make such order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as sought 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 to this Code, the board of zoning appeals shall, before making any finding in a specific case, first determine that the proposed change will not constitute a change in the district map and will not impair an adequate supply of light and air to adjacent property, or increase the 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 of zoning appeals shall be accompanied by a written finding of fact based on sworn testimony and evidence specifying the reason for granting or denying the variance.

(Sec. 14.4.3)

The concurring vote of four members of the board of zoning appeals shall be necessary to reverse any order, requirements, decision or determination of the development administrator, or to decide in favor of the application on any matter upon which it is required to pass under this Code, or to grant any variance to this Code.

(Sec. 14.4.4)

Any person jointly or severally aggrieved by any decision of the board of zoning appeals may present to the circuit court a petition duly verified, specifying the grounds of illegality and asking for relief therefrom. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the board of zoning appeals.

(Sec. 14.5)