The establishment of a board of appeals is hereby authorized. The word "board" when used in this article shall be construed to mean the board of appeals. The Board shall consist of seven members appointed by the mayor with the consent of the city council. The term shall be five years, provided, that the members of the first board shall serve respectively for the following terms (or until their respective successors are appointed and qualified): One for one year, one for two years, one for three years, one for four years and one for five years, one for six years and one for seven years, and five years each for those following the first appointment. One of the members of said board shall be designated by the mayor, with the consent of the city council, as chairman of said board, and shall hold his office as chairman until his successor is appointed. One member of the board shall be appointed by the chairman thereof to keep the routine minutes of the meetings.

The mayor, with consent of the city council, shall make appointments to fill unexpired terms in the event of vacancies. The mayor and the city council shall have the power to remove any member of the board for cause after notice and hearing. The board may employ a recording secretary, not a member of the board, to make records of hearings, proceedings and other board activities when necessary.

The chairman, or in his absence, the member acting in the chairman's place, may administer oaths and compel attendance of witnesses.

The mayor, with consent of the city council, shall appoint an alternate member to sit upon said board, in addition to the members hereinabove provided, who shall have a term of five years. Such alternate member shall have the same rights, duties and privileges as the other members.

(Ord. No. 234, § 19-1, 8-2-71; Ord. No. 343, § 3, 4-18-77)

Meetings of the board of appeals shall be held at the call of the chairman, or any two members, or at such times as such board may determine. All hearings conducted by 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 also keep records of its hearings and other official actions. Findings of fact shall be included in the minutes of each case of a requested variation, or special permit, and the reasons for granting or denying such application shall be specified. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the board and shall be filed immediately in the office of the board and shall be a public record. The board shall adopt its own rules of procedure not in conflict with this ordinance or with the Illinois Statutes in such case made and provided, and may select or appoint such officers as it deems necessary.

No meeting or hearing shall be conducted without a quorum of the board being present, which shall consist of a majority of all the members. The concurring vote of four members of the board is necessary to reverse any order, requirement, decision or determination made by an administrative official charged with the enforcement of this ordinance 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 the ordinance or to recommend any variation or modification in the ordinance to the corporate authorities.

(Ord. No. 234, 19-2, 8-2-71)

The board shall have the following powers:

A.

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

B.

To hold public hearings on and, when in harmony with the general purpose and intent of this ordinance, to recommend to the city council the authorization of the following exceptions to the terms thereof:

1.

The extension of a district where the boundary line thereof divides a lot in a single ownership at the time of the passage of this ordinance.

2.

Interpretation of the provisions of this ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the district map, where the street layout actually on ground varies from the street layout as shown on the map.

3.

The use of a temporary building in conjunction with construction work only, which temporary building shall be removed promptly upon completion of the construction work.

4.

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 50 per cent of its fair market value, where the board finds such compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.

5.

Variation of the parking and loading regulations where it is conclusively shown that the specific use of a building would make necessary the parking and loading spaces otherwise required by this ordinance.

6.

The classification of commercial or industrial uses not specifically listed in the ordinance as to the appropriate district therefor based on the general character of the use and its comparability with other uses specifically permitted in the district.

C.

To recommend to the city council, after public hearing as required by law, the authorization of a variation in the strict application of the regulations with respect to a specific lot where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of the provisions of this ordinance relating to the use, construction or alteration of buildings or structures or the use of land, where the hardship is clearly demonstrable and not merely an inconvenience to the owner; provided that any such variation shall be authorized only to the extent that justice may be done and provided, further, that the variation can be granted without substantial impairment of the general purposes and intent of the comprehensive plan as established by the regulations.

(Ord. No. 234, 19-3, 8-2-71; Ord. No. 378, § 1, 1-8-79)

An appeal may be taken to the board by means of petition by any person, firm or corporation, or by any officer, department board or bureau affected by a decision of the building inspector relative to this ordinance. Such appeal shall be taken within 45 days of the action complained of by filing with the building inspector a notice of appeal, specifying the grounds thereof. The building inspector shall forthwith transmit to the board all of the papers, constituting the record upon which the action appealed from was taken. A fee of ten dollars shall accompany all notices of appeals, such fee will be refunded if the appeal is successful.

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 such 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 shall fix a reasonable time and place for the hearing of the appeal and give due notice of time, place and purpose 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. No. 234, 19-4, 8-2-71)

In considering all appeals and all proposed variations to this ordinance the board shall, before making any recommendations, determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health or safety.

(Ord. No. 234, 19-5, 8-2-71)

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 paper of general circulation in the city as least fifteen days previous to the hearing. Such notice shall contain the address or location of the property for which the variation or other ruling by the board is sought, as well as a brief description of the nature of the appeal. All notices shall otherwise conform to statutory requirements.

(Ord. No. 234, 19-6, 8-2-71)