A Board of Zoning Appeals is hereby established in accordance with Illinois law (Illinois Compiled Statutes, Chapter 65, Act 5, Section 11-13-3).

(Ord. No. 1997-6-16-D, Art. 12(12.1), 6-16-1997)

(a)

Membership. The Board of Zoning Appeals shall consist of seven (7) regular members, all of whom shall be residents of the City appointed by the Mayor and approved by the City Council.

(b)

Length of Term. The term of office of the members of the Board of Zoning Appeals shall be for five (5) 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.

(c)

Officers. The Mayor shall appoint a chairman and the Board of Zoning Appeals may elect a vice chairman to serve in the absence of the chairman.

(d)

Rules. The Board of Zoning Appeals may adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this title.

(e)

Meetings. 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.

(f)

Quorum. No hearing shall be conducted without a quorum of the board being present. A quorum shall consist of a majority of the full membership of the Board of Zoning Appeals.

(Ord. No. 1997-6-16-D, Art. 12(12.2), 6-16-1997)

(a)

Applicability. 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 Building Official. Such appeal shall be taken within a reasonable time, as shall be prescribed by the Board of Zoning Appeals by general rule, by filing with the Building Official and with the Board of Zoning Appeals of notice to appeal specifying the grounds thereof. The Building Official shall immediately transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed is taken.

(b)

Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Official 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 Building Official on good cause shown.

(c)

Time of Hearing. The Board of Zoning Appeals shall fix a reasonable time for the hearing of the appeal, give not less than fifteen (15) days nor more than thirty (30) 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.

(d)

Fees. A fee shall be paid to the Building Official at the time the notice of appeal is filed, which the Building Official shall submit to the City Treasurer.

(Ord. No. 1997-6-16-D, Art. 12(12.3), 6-16-1997)

(a)

Powers Relating to Appeals of Administrative Decisions. To hear an 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 title.

(b)

Powers Relating to Variances. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of the provisions of this chapter, or where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the adoption of this title, 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 title 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. An undue hardship is not considered the loss of possible advantage, economic loss or gain, or mere inconvenience to the applicant.

(c)

Powers Relating to Special Uses. The Board of Zoning Appeals shall have the ability to approve special uses based on the procedures outlined in this Chapter 17.24 and the procedures outlined in Chapter 17.20, including the criteria outlined in Sections 17.20.040 and 17.20.050.

(d)

Findings. In exercising the above-mentioned powers, the Board of Zoning Appeals may, in conformity with the provisions 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 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 title, 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 Zoning 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 of Vandalia. Every change granted or denied by the Board of Zoning Appeals shall be accompanied by a written finding of fact based on testimony and evidence specifying the reason for granting or denying the variance.

(e)

Vote Required. The concurring vote of four (4) members of the Board of Zoning Appeals shall be necessary to reverse any order, requirement, decision, or determination of the Building Official, or to decide in favor of the application on any matter upon which it is required to pass under this title, or to grant any special use or any variance to this title.

(Ord. No. 1997-6-16-D, Art. 12(12.4), 6-16-1997)

Any person jointly or severally aggrieved by any decision of the Board of Zoning Appeals of the City 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 thirty (30) days after the filing of the decision in the office of the Board of Zoning Appeals.

(Ord. No. 1997-6-16-D, Art. 12(12.5), 6-16-1997)

The Board of Zoning Appeals may at the discretion of the City Council employ a paid secretary, or staff, or both whose salaries, wages, and other necessary expenses shall be provided for by adequate appropriation made by the City Council from the public funds.

If said Board of Zoning Appeals shall deem it advisable to secure technical advice or services, it may be done upon authority from the City Council and appropriations by the City Council therefore.

(Ord. No. 1997-6-16-D, Art. 12(12.6), 6-16-1997)