The “Board”, when used in this section, shall be construed to mean Board of Zoning Appeals. The Board shall consist of seven members appointed by the Mayor by and with the consent of the City Council. The terms of office shall be five years. The Chairman of the Board shall be appointed by the Mayor with consent of the City Council and shall hold office until his or her term of appointment expires, or is otherwise terminated.

(Ord. 1070, § 40-7-1, passed 7-20-1998)

   Meetings of the Board of Zoning Appeals shall be held at the call of the Chairman or any two members, or at such times as the Board may determine. All hearings conducted by said 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 in absence 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, special permit or planned building development and the reason for granting or denying such application shall be specified. Every rule or regulation, every amendment or repeal thereof, and every order, requirement and interpretation, decision or determination of the Board shall be filed immediately in the office of the Board and shall be a public record. The Board shall adopt its own rules and procedures, not in conflict with this code or with Illinois statutes.

(Ord. 1070, § 40-7-2, passed 7-20-1998)

   (A)   An appeal may be taken to the Board by any person, firm or corporation; or by any officer, department, board or bureau affected by the decision of the Zoning Administrator. Such appeal shall betaken within such time as shall be prescribed by the Board by general rule, by filing with the Zoning Administrator a notice of appeal to the Board of Appeals, specifying the grounds of the appeal. The Zoning Administrator shall thereupon transmit to the Board all papers constituting the appeal and the record upon which the action appealed from was taken. An appeal shall stay all proceedings and furtherance of action appealed from, unless the Zoning Administrator certifies to the Board after the notice of appeal has been filed with him or her, that by reason of fact stated in the certificate, the stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceeding will not be stayed otherwise than by a court of record. The Board shall select a reasonable time and place for the hearing of the appeal and give due notice 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. The Board may reverse or affirm wholly or partially, or may modify or amend the order, requirement, decision or determination appealed from and to the extent and in the manner that the Board may decide to be reasonable and proper, subject to the provisions of §§ 40-1-2 and 40-7-4. Any decision of the Board is subject to judicial review.

   (B)   In considering all appeals, requests and applications, the Board of Appeals shall first determine that the proposed change will not constitute a change in the district boundaries or zoning map, and will not constitute a variation in use.

   (C)   The decision of the Board of Appeals shall be made a part of any building permit in which variation is allowed.

(Ord. 1070, § 40-7-3, passed 7-20-1998)

   (A)   The Board shall have all the powers and duties prescribed by law and by this code, including the following:

      (1)   Interpretation. Upon an appeal from any order, requirement, decision or determination by any administrative official, to decide any question involving the interpretation of any provision or term of this code.

      (2)   Area-bulk variance. To vary the strict application of the requirements of this code in the case of an exceptionally irregular, narrow, shallow, or steep lot or other exceptional physical condition, whereby such strict application would result in such practical difficulty and/or unnecessary hardship, but not a hardship caused or imposed by the owner, as would deprive the owner of the reasonable use of the land or building involved, but in no other case. In granting any area-bulk variance, the Board shall prescribe conditions that it deems necessary and reasonable for the public interest, convenience, or welfare; and

      (3)   Grant special use permits. To grant special use permits as provided in Article IX of this code.

   (B)   However, no area-bulk variance shall be granted in any case unless the Board of Appeals finds:

      (1)   That there are special circumstances or conditions as fully described in the findings, applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to the land or buildings in the neighborhood, that such circumstances or conditions are such that strict application of the provisions of this code would deprive the applicant of a reasonable use of such land or building, and that such circumstances or conditions were not caused by the owner;

      (2)   That for reasons fully set forth in the findings, the granting of the variances is necessary for the reasonable use of land or buildings, and that the variance is the minimum variance that will accomplish this purpose; and

      (3)   That the granting of the variance will be in harmony with the general purpose and intent of this code, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In addition to considering the character and use of adjoining buildings and those in the vicinity, the Board, in making its findings, shall take into account whether the condition of the subject premises is peculiar to the lot or tract described in the petition or is merely part of the general condition of the neighborhood.

(Ord. 1070, § 40-7-4, passed 7-20-1998)

   (A)   The Board of Zoning Appeals shall act in accordance with the procedure specified by law and by this code. Four members shall constitute a quorum and, except as otherwise provided by this Code, an affirmative vote of at least four members shall be necessary to authorize any action of the Board. All appeals and applications to the Board shall be in writing. Every appeal or application shall refer to the specific provision of this code involved, and shall exactly set forth the interpretation that is claimed, the use for which the variance or special permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.

   (B)   The Zoning Board of Appeals shall submit the entire record and a written decision explaining the action taken on a special use permit petition before the next regularly scheduled City Council meeting. At that meeting, the City Council will either affirm or reverse the decision of the Zoning Board of Appeals. The decision of the City Council shall be based only upon the record from the Zoning Board of Appeals hearing.

   The party filing a notice of appeal to the Board of Appeals shall pay a fee at the time of filing. An additional fee to cover the cost incurred for any required public notice shall also be paid by the applicant. Fees shall be paid to the city and deposited with the Collector/Budget Officer.

(Ord. 1070, § 40-7-6, passed 7-20-1998)

   The Chairman and each member of the Board of Zoning Appeals shall receive compensation equal to that of the Planning Commission unless otherwise provided for by the City Council.

(Ord. 1070, § 40-7-8, passed 7-20-1998)