A board of zoning appeals consisting of seven members shall be appointed by the village board in accordance with the provisions of Chapter 24 of the Illinois Revised Statutes. The appointing authority may remove any member of the board for cause and after public hearing.

The board shall elect its own chairman and shall have the power to adopt rules and regulations for its own government, not inconsistent with law or with the provisions of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel attendance of witnesses.

Meetings of the board shall be open to the public, minutes shall be kept of proceedings, showing the action of the board and the vote of each member upon each question, or if absent or failing to vote, indicating that fact, and records shall be made of the board's examinations and other official actions all of which shall be filed immediately in the office of the board as a public record.

Four members of the board shall constitute a quorum. The board shall act by resolution, and the concurring vote of four members shall be necessary to reverse any order, requirement, decision or determination of the zoning administrator, or to decide in favor of an applicant any matter upon which it is required to pass under this title, or to effect any variation in the requirements of this title.

The board may call on the village departments for assistance in the performance of its duties, and it shall be the duty of such departments to render assistance to the board as may reasonably be required.

An application to the board, in cases in which it has original jurisdiction under the provisions of this title, 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 of fifty dollars, 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 Should the application be withdrawn prior to publication of legal notice thereon, such fee will be returned upon written request of the applicant.

(Ord. O04-03-06-16 §1, 2003).

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 of the appeal. 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 of fifty dollars shall also accompany the appeal. Should the appeal be withdrawn prior to publication of the legal notice thereon, such fee will be returned upon written request of the applicant.

(Ord. O04-03-06-16 §2, 2003).

The board shall fix a reasonable time for the hearing of an application or of an appeal. It shall give at least fifteen days' notice of the time and place of such hearing by insertion in a newspaper of general circulation in the community, and shall also give notice delivered by first class mail at least five days before the time fixed for such hearing to the applicant or appellant and to the zoning administrator, and to the respective owners of record of property adjoining or adjacent to the premises in question. 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.

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 zoning administrator, or by a court record.

The board shall have jurisdiction in matters and shall have the specific and general powers provided in this title.

A.

Special Exceptions and Interpretation of Map. The board shall have the power to hear and decide, in accordance with the provisions of this title, 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.

Other Permits. In addition to permitting the special exceptions specified in this title, 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.

i.

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

ii.

The temporary use of a building or premises in undeveloped sections for a purpose that does not conform to the regulations prescribed by this title, 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 subparagraph (A)(1)(b)(i) of this section.

2.

Certain Industries in I XX Districts. In determining whether certain uses shall be located in an I XX 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, offensive, or a nuisance to the surrounding neighborhood by reason of noise, smoke, odor, vibration, dust and dirt, cinders, 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 report 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 intent and purposes of this title for the particular section or district in question.

B.

Administrative Review.

1.

Appeals. The board shall have the power 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 title.

2.

Variances. The board shall have the power to authorize on appeal in specific cases such variance from the terms of this title as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of ordinance will result in unnecessary hardship, and so that the spirit of ordinance shall be observed and substantial justice done as follows:

a.

Power to Authorize. Where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of enactment of the ordinance codified in this title, or by reason of exceptional topographic conditions, or other extraordinary and exceptional situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the provisions of this title would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of such property, unnecessary to carry out the spirit and purpose of the ordinance, the board shall have the power to authorize, upon appeal, a variance from such strict application, so as to relieve such difficulties or hardships, and so that the spirit and purpose of this title shall be observed and substantial justice done. In authorizing a variance, the board may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may seem advisable in the interest of the furtherance of the purposes of this title.

b.

Conditions. No such variance in the provisions or requirements of this title shall be authorized by the board unless the board finds beyond reasonable doubt that all of the following conditions exist:

i.

That there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property that do not apply generally to other properties or class of uses in the same zoning district;

ii.

That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same zoning district and in the vicinity;

iii.

That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of this title or the public interest.

c.

General Regulation Not Practical. No grant or variance shall be authorized unless the board specifically finds the condition or situation of the specific piece of property for which the variance is sought is not of so typical or recurrent a nature as to make reasonably practicable the formulation of a general regulation, under an amendment of this title, for such conditions or situations.

d.

Nonconforming Use. The board shall have no power to authorize a variance for the establishment of a nonconforming use where none previously existed.

e.

Signs. In considering a request for a variance from the regulations concerning signs, the board shall give consideration and arrive at a finding on the following:

i.

Shape and area of lot in question;

ii.

Bulk and floor area of the main building or structure;

iii.

Setback of proposed sign from all property lines;

iv.

Zoning and use of surrounding parcels;

v.

Unusual or exceptional topography;

vi.

Compatibility with general intent of the zoning ordinance to encourage development without detracting from the use and enjoyment of surrounding property.

C.

Action of Board. In exercising its powers, the board may, in conformity with the provisions of the Illinois Statutes and of this title, 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.

All final administrative decisions of the board of appeals shall be subject to judicial review pursuant to the provisions of Chapter 24, Section 11-13-13, of the Illinois Revised Statutes, and all amendments and modifications thereof, and the rules adopted pursuant thereto.