A board of zoning appeals is created as provided in chapter 2. The board shall have jurisdiction in matters and shall have the specific and general powers provided in this article.

(Code 1978, § 5-18-4-1)

(a)

An application to the board of zoning appeals, in cases in which it has original jurisdiction under the provisions of this article, may be taken by any property owner, including a tenant, or by any governmental officer, department, board or bureau. Such application shall be filed with the zoning administrator, together with a fee, as provided in the city fee schedule, who shall transmit the same, together with all the plans, specifications and other papers pertaining to the application to the board. Should the application be withdrawn prior to publication of legal notice thereon, such fee will be returned upon written request of the applicant.

(b)

An appeal to the board may be taken by any property owner, including a tenant, or by any governmental officer, department, board or bureau affected by any ruling of the zoning administrator. Such appeal shall be taken within a reasonable time, as prescribed by the rules of the board, by filing with the zoning administrator a notice of appeal specifying the grounds thereof. The zoning administrator shall forthwith transmit to the board such notice of appeal, together with all the plans and papers constituting the record upon which the action appealed from was taken. A fee, as provided in the city fee schedule, shall also accompany the appeal. Should the appeal be withdrawn prior to publication of legal notice thereon, such fees will be returned upon written request of the applicant.

(c)

The board shall fix a reasonable time for the hearing of an application or of an appeal. It shall give not more than 30 nor less than 15 days' notice of the time and place of such hearing by insertion in a newspaper published in the community. Any party may appear at such hearing in person or by agent or by attorney. The board shall decide the application or appeal within a reasonable time.

(d)

Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the zoning administrator certifies to the board of appeals 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 an order which may, on due cause shown, be granted by the board on application, after notice to the building inspector, or by a court of record.

(Code 1978, § 5-18-4-2; Ord. No. 409, 7-11-1978; Ord. No. 480, 11-9-1982)

The board of zoning appeals shall have the power to hear and decide, in accordance with the provisions of this article, requests or applications for special exceptions or for interpretation of the zoning map or for decisions upon other special questions upon which the board is authorized to pass.

(1)

Special exceptions. In addition to permitting the special exceptions heretofore specified in this report, the board shall have authority to permit the following:

a.

Nonconforming uses. The substitution for a nonconforming use of another nonconforming use, if no structural alterations except those required by law or ordinance are made; provided, however, that any use so substituted shall be of the same or a more restricted classification.

b.

Temporary uses and permits.

1.

The temporary use of a building or premises in any district for a purpose of use that does not conform to the regulations prescribed by this article, provided that such use be of a true temporary nature and does not involve the erection of a substantial building. Such permit shall be granted in the form of a temporary and revocable permit for not more than a 12-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.

2.

The temporary use of a building or premises in undeveloped sections for a purpose that does not conform to the regulations prescribed by this article, provided that such structure or use is of a true temporary nature, is promotive of or incidental to the development of such undeveloped sections, and does not involve the erection of substantial buildings. Such permit shall be granted in the form specified under subsection (1)b1 of this section.

(2)

Certain industries in I-1 districts. In determining whether certain uses shall be located in an I-1 district, the board shall give due regard to the nature and condition of all adjacent uses and structures, and the consistency therewith of the proposed use and development. Before authorizing a use as a special exception, the board shall determine whether the proposed exception or use would be hazardous, harmful, noxious gases, glare and heat, fire and safety hazards, sewage wastes and pollution, transportation and traffic, aesthetic and psychological effects. The board may utilize and give recognition to those performance standards which are available in model codes or ordinances, or have been developed by planning, manufacturing, health, architectural and engineering research organizations, and can be applied to the proposed use to assist it in reaching a fair and objective decision. Upon authorizing a special use and/or exception, the board may impose such requirements and conditions in addition to those expressly stipulated in this article for the particular special use and/or exception as the board may deem necessary for the protection of adjacent properties and public interest.

(3)

Interpretation of map. Where the street or lot layout actually on the ground or as recorded, differs from the street and lot lines indicated on the zoning map, the board, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intents and purposes of this article for the particular section or district in question.

(Code 1978, § 5-18-4-3)

The board of zoning appeals shall have the following powers:

(1)

Appeals. To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the zoning administrator in the enforcement of the provisions of this article.

(2)

Variances. To authorize and permit in specific cases variances from the terms of this article, only when such variances are in harmony with the general purpose and intent of this article and only in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of this article relating to the use, construction or alteration of buildings or structures or the use of land. In its consideration of the standards of practical difficulties or particular hardship, the board shall require evidence that:

a.

The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that district;

b.

The plight of the owner is due to unique circumstances; and

c.

The variance, if granted, will not alter the essential character of the locality.

A variance shall be permitted only if the evidence, in the judgment of the board of zoning appeals, sustains each of the three conditions set forth hereinabove.

(Code 1978, § 5-18-4-4; Ord. No. 409, 7-11-1978; Ord. No. 481, 11-9-1982)

In exercising its powers, the board of zoning adjustment, in conformity with the provisions of the state law and of this article, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as, in the board's opinion, ought to be made, and to that end has all the powers of the officer from whom the appeal is taken.

(Code 1978, § 5-18-4-5)

All final administrative decisions of the board of appeals shall be subject to judicial review pursuant to the provisions of 65 ILCS 5/11-13-13 and the rules adopted pursuant thereto.

(Code 1978, § 5-18-4-6)

Any person who violates, disobeys, omits, neglects or refuses to comply with any of the provisions of this article shall, upon conviction, be fined not less than $50.00 nor more than $100.00 for each offense. A separate offense shall be deemed committed for each day such violation shall occur or continue.

(Code 1978, § 5-18-5)

In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of the provisions of this article, the city attorney, in addition to other remedies under the state statutes, is authorized to institute an action to enjoin, or any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, repair, conversion, maintenance or use.

(Code 1978, § 5-18-6; Ord. No. 409, 7-11-1978)