The Zoning Board of Appeals is required by state law and is intended to serve a twofold purpose. First, the Board hears appeals on, and either reverses or upholds actions taken by the Zoning Administrator in the administration of this chapter. The second purpose of the Zoning Board of Appeals is to act on requests for variations.
(A) Zoning Board of Appeals established.
(1) Initial terms of office. There is hereby established a Zoning Board of Appeals. The Board shall consist of seven members nominated by the Mayor of the city and appointed by City Council. The members of the Board shall serve for the following initial term:
(a) One for one year;
(b) One for two years;
(c) One for three years;
(d) One for four years;
(e) One for five years;
(f) One for six years;
(g) One for seven years.
(2) Regular term. The successor of each member so appointed shall serve for a term of five years. Vacancies shall be filled by the Mayor, subject to confirmation by the City Council, for the unexpired term. Members may be removed by the City Council for cause after written charges have been filed and after a public hearing has been held if demanded by the member so charged.
(3) Chairperson designation. One of the members of the Board shall be designated by the Mayor, with the consent of the City Council, as chairperson of the Board and shall hold the office as chairperson until a successor is appointed. Such chairperson, or in his absence, the acting chairperson may administer oaths and compel the attendance of witnesses.
(4) Clerk of the Board. The Zoning Department shall provide the Clerk of the Board who will record the minutes of the Board meetings. The City Clerk shall keep a record of all of the Board's meetings and official acts.
(B) Meetings of the Zoning Board of Appeals.
(1) Time, place and notification. All meetings of the Board shall be held at the call of the chairperson and at such other times as the Board may determine. There shall be at least 15 days, but not more than 30 days, notice of the time and place of such meeting published in a paper of general circulation in the city, the notice to contain a statement of the particular purpose of such meeting and a brief description of the location of the property or properties under consideration at such meeting.
(2) Public meetings. All meetings of the Board shall be open to the public.
(3) Record of meetings. The Board shall keep minutes of its proceedings showing the vote of each member upon every question, or, if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes on each case and the Board's decisions and recommendations to the City Council to grant or deny each application shall be specified. Every rule, regulation, and every order, requirement, decision, or determination of the Board shall immediately be filed in the office of the City Clerk and shall be public record.
(4) Rules of procedure. The Board shall adopt its own rules of procedure, a copy of which and all recommendations thereto, shall be filed in the office of the City Clerk.
(C) Powers and duties. The following is a summary of the responsibilities the Zoning Board of Appeals shall perform related to this code:
(1) Initiate, hear and recommend to the City Council requests for adoption or amendments to the text of this code;
(2) Initiate, hear and recommend to the City Council requests for adoption or amendments to the official zoning maps;
(3) Hear and recommend to the City Council all requests for planned development approval;
(4) Hear and decide all requests for a non-administrative Highway 20 development permit as provided in § 154.922;
(5) Hear and decide all requests for special use permits;
(6) Hear and decide all requests for variances to certain provisions of this code, as provided for in § 154.925;
(7) Hear and decide all appeals from actions of the Zoning Administrator, as provided for in § 154.926.
(D) Decisions and Zoning Board of Appeals. Decisions of the Zoning Board of Appeals, on appeal or upon application for a variation after a hearing shall, in all instances, be final administrative determinations and shall be subject to review under the Illinois Administrative Review Law, found generally at ILCS Ch.735, Act 5, § 3-101 et seq.
(Ord. O-05-04, passed 4-11-05)