17-14-0300  Zoning Board of Appeals.
   17-14-0301 Creation and Membership.
      17-14-0301-A The Zoning Board of Appeals consists of 5 members and up to 2 alternate members, all appointed by the Mayor, with the consent of the City Council, provided, however that a majority of said members at the time of appointment shall be members of the Illinois Society of Architects, the Western Society of Engineers, the Chicago Real Estate Board, the Illinois Society of Professional Engineers, the Cook County Real Estate Board, the Building Manager's Association of Chicago, the Building Construction Employer's Association or the Chicago Building Trades Council, or shall be the incumbent of the office of Commissioner of Planning and Development, City Architect, Superintendent of Police, or Corporation Counsel, or shall be a City resident who has had outstanding experience in zoning administration.
      If a regular member of the Zoning Board of Appeals is unable to attend a meeting, the chairman or acting chairman of the Zoning Board of Appeals may designate an alternate member to take that regular member's place. Alternates shall be called on a rotating basis, as they are available.
      Alternate members designated to sit in place of regular members shall have the same powers and duties and be subject to the same pertinent Code provisions as regular members. When an alternate member has been appointed to fill the position of a regular member, the alternate member shall continue to sit on any continued applications started at that meeting, in the place of the full member, at subsequent meetings until the applications are decided. In no event shall the Zoning Board of Appeals hear any matter within its jurisdiction with more than 5 members.
      The Board shall promulgate rules addressing participation in Zoning Board of Appeals meetings by alternate members.
      17-14-0301-B Zoning Board of Appeals regular and alternate members serve 5-year terms.
      17-14-0301-C One of the regular members of the Zoning Board of Appeals must be designated by the Mayor, with the consent of the City Council, to serve as chairman at the time of his or her appointment. The chairman will hold the office of chairman until a successor is appointed. The chairman may designate an acting chairman to serve as chairman in his or her absence.
      17-14-0301-D The Mayor is authorized to remove any regular or alternate member of the Zoning Board of Appeals for cause, after a public hearing.
      17-14-0301-E Vacancies on the Zoning Board of Appeals must be filled for the unexpired term of the regular or alternate member whose place has become vacant. The salaries of the regular and alternate members of the Zoning Board of Appeals will be determined and fixed by the City Council in the annual appropriation ordinance.
      17-14-0301-F The Zoning Board of Appeals shall designate one of its staff to act as its secretary who has had experience in zoning matters and whose duty it shall be to keep a full and detailed record on file in the office of the Zoning Board of Appeals of all its proceedings.
   17-14-0302 Jurisdiction. The Zoning Board of Appeals has the following powers and duties:
      17-14-0302-A to hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator under this Zoning Ordinance;
      17-14-0302-B to hear and pass upon applications for special uses and variations from the terms provided in this Zoning Ordinance in the manner and subject to the standards set out in this Zoning Ordinance; and
      17-14-0302-C to hear and decide all matters referred to it or upon which it is required to pass under this Zoning Ordinance.
   17-14-0303 Meetings and Rules.
      17-14-0303-A All meetings of the Zoning Board of Appeals will be held at the call of the chairman and at such times as the chairman may determine.
      17-14-0303-B All hearings conducted by Zoning Board of Appeals must be open to the public. Any person may appear and testify at a hearing either in person or by duly authorized agent or attorney. The chairman, or in the chairman's absence, the acting chairman, may administer oaths and compel the attendance of witnesses.
      17-14-0303-C The Zoning Board of Appeals must 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 must also keep records of its hearings and other official actions. The record of hearings will not be transcribed by the court reporter unless requested by the Zoning Board of Appeals or any party interested in the hearing. The cost of the transcription must be borne by the person requesting it and in cases filed pursuant to the Administrative Review Act, the plaintiff must pay for the cost of preparing and certifying the record of proceedings, including the cost of the transcript.
      17-14-0303-D A copy of every rule or regulation, every variation and every order, requirement, decision, or determination of the Zoning Board of Appeals must be filed immediately in the Office of the Zoning Administrator and must be a public record.
      17-14-0303-E The Zoning Board of Appeals must adopt its own rules of procedure not in conflict with this Zoning Ordinance and may select or appoint such officers as it deems necessary.
      17-14-0303-FIn addition to the requirements of Chapter 2-154 of this Code, the Chairman of the Zoning Board of Appeals may required any such additional information from the applicant which is reasonably intended to achieve full disclosure relevant to their associated application under consideration by the Zoning Board of Appeals.
      17-14-0303-GSubject to applicable law, cannabis business establishments shall include, as a part of any special use application to the Zoning Board of Appeals, copies of all information submitted to the State of Illinois in application for a license to operate under the State of Illinois' Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.) or the State of Illinois' Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.).
      17-14-0303-H In addition to all other applicable legal requirements, any special use application for a cannabis business establishment shall be processed in compliance with Section 55-28 of the State of Illinois' Cannabis Regulation and Tax Act (410 ILCS 705/55-28).
   17-14-0304 Finality of Decisions of the Zoning Board of Appeals. All decisions and findings of the Zoning Board of Appeals, on appeal or upon application for a variation after a hearing, will, in all instances, be the final administrative determination and will be subject to review by a court as by law, may be provided.
(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 5-25-18, p. 78316, § 2; Amend Coun. J. 10-16-19, p. 7854, § 9; Amend Coun. J. 1-15-20, p. 13417, § 3; Amend Coun. J. 1-27-21, p. 26741, Art. II, § 17; Amend Coun. J. 9-20-21, p. 36844, § 7)