(A) Creation: A Zoning Board of Appeals is hereby authorized to be established. Hereinafter the word "Board" shall mean the Zoning Board of Appeals. The Board shall consist of seven (7) members, appointed by the Mayor, with the advice and consent of the City Council, who shall serve without salary. The term of office of the members of the Board shall be five (5) years. The membership of the Board established under the previous Zoning Ordinance shall continue in office until the conclusion of their terms of office. Annually, one of the members of the Board shall be designated as chairperson by the Mayor with the advice and consent of the City Council. Vacancies upon the Board shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of such a member. Members may be removed for cause by the Mayor and the City Council, upon written charges and after public hearing.
(B) Jurisdiction: The Board is hereby vested with the following jurisdiction, authority and duties under this Title:
1. Hear, consider, and decide appeals from any order, requirement, decision, or determination made by the zoning enforcement officer or other authorized official of the city having enforcement powers under this title;
2. Hear, consider, and recommend to the planning and development committee and city council all applications for variations from the terms provided in this title that are not made as a part of a petition for a map amendment, annexation, special use, and/or plat application, in the manner prescribed by and subject to the standards established herein;
3. Hear, consider, and recommend to the planning and development committee and city council all other matters referred to it from time to time or upon which it is required to pass under this title;
4. Keep records of its meetings, hearings, findings, recommendations, and reports; and
5. Initiate, direct, and review, from time to time, studies of the provisions of this title and make reports of its recommendations to the planning and development committee and city council.
(C) Meetings And Rules: All meetings of the zoning board of appeals shall be held on the second and fourth Tuesdays of the month or at the call of the chairperson or of any three (3) members of the board and at such other times as the board may determine. All hearings conducted by said board shall be open to the public and shall be announced as provided by law. Any person may appear and testify at a hearing either in person or by duly authorized agent or attorney. The chairperson, or in the chairperson's absence, the acting chairperson, may administer oaths and compel attendance of witnesses. The board 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 also keep records of its hearings and other official actions. No hearing shall be conducted without a quorum of the board being present. A quorum shall consist of a majority of all members then in office. However, fewer than the number of members necessary to establish a quorum may recess a meeting to another specific date and time. No final action shall be taken on any measure before it, except with the concurrence of a majority of the members then in office. A copy of every rule or regulation, order, requirement, decision, or determination of the board shall be filed immediately in the office of the city clerk and shall be a public record. The board may adopt its own rules and procedures, not in conflict with this title or with the applicable Illinois statutes. The members of the board shall elect an acting chairperson who shall serve in the absence of a chairperson, and may select or appoint such persons authorized to be employed by the city council who shall be deemed necessary for the proper administration of this title.
(D) Recommendations Of The Zoning Board Of Appeals: All recommendations of the board, upon any application for a variation or upon any other matter, after a public hearing, shall, in all instances, be advisory in nature and shall be subject to final consideration, evaluation, and determination by the city council, except as modified by the standards and procedures established herein. All final decisions of the board on any appeal shall be subject to judicial review under the administrative review act. (Ord. 0-03-00, 4-3-2000)