A. Board Established: A board of building and zoning appeals is hereby established in accordance with 65 Illinois Compiled Statutes 5/11-13-3.
B. Membership: The board of building and zoning appeals shall consist of seven (7) members, all of whom shall be residents of the village appointed by the mayor and approved by the village board of trustees.
C. Term Of Office; Vacancies And Removals: The term of office of the members of the board of building and 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 village board of trustees upon written charges and after public hearing.
D. Organization:
1. Officers: One of the members shall be named by the mayor each year as chairman.
2. Rules And Regulations: The board of building and 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.
3. Meetings: Meetings shall be held at the call of the chairman and at such other times as the board of building and 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 building and zoning appeals shall be open to the public. The board of building and zoning appeals shall keep a record of its proceedings, and minutes of each meeting 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 building and zoning appeals and shall be a public record. All testimony, objections thereto and rulings thereon shall be taken down by a reporter utilized by the board of building and zoning appeals for that purpose. An electronic recording may be utilized in lieu of a reporter.
4. Quorum: Four (4) members of the board shall constitute a quorum.
E. Powers:
1. Powers Enumerated:
a. Appeals Of Administrative Decisions: To hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official in the enforcement of this title.
b. Variances: 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 building and zoning appeals is hereby empowered to authorize, upon an appeal or petition 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.
2. Request For Variance Or Notice Of Appeal: Appeals to the board of building and zoning appeals on any matter over which the board is herein specifically granted jurisdiction may be taken by any person aggrieved or affected by any decision of the building and zoning official. Such appeal shall be taken within forty-five (45) days of the action complained of by filing with the building and zoning official's office and with the board of building and zoning appeals a notice of appeal specifying the grounds thereof. A request for variance may be presented by the owner or agent of the property to benefit by the variance by a written request to the office of the zoning administrator or to the office of the village clerk. The written request for variance shall specify the nature of the variance requested and the argument in support of the variance. A request for variance or a notice of an appeal shall be immediately transmitted to the board of building and zoning appeals along with all the papers, documents, and communications in possession of the village officials constituting the record upon which the action pertains.
3. Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the building and zoning official certifies to the board of building and zoning appeals, after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed other than by a restraining order which may be granted by the board of building and zoning appeals or by a court of record on application or notice to the building and zoning official on good cause shown.
4. Hearing: The board of building and zoning appeals shall fix a reasonable time for the hearing of an appeal or variance, give not less than fifteen (15) days' notice thereof in a newspaper of general circulation in the village, as well as due notice to the parties in interest and to owners or agents of property abutting or fronting upon the property involved in the appeal and decide the issue presented within a reasonable time. At the hearing, any party or parties in interest may appear in person or be represented by an agent or by attorney.
5. Payment Of Fees: A fee shall be paid to the building and zoning official at the time the notice of appeal is filed, which the building or zoning official shall submit to the village treasurer. The fee shall be reasonably calculated by the building and zoning official to pay the cost of the notices required by this section, together with the cost of a recorder to appear at the hearing or meeting required by this section.
6. Vote Required: The concurring vote of four (4) members of the board of building and zoning appeals shall be necessary to reverse any order, requirement, decision, or determination of the building and zoning official and to decide in favor of the applicant on any matter upon which it is required to pass under this title, or to grant any variance to the requirements of this title.
7. Findings: In exercising the above-mentioned powers, the board of building and 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 as ought 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 building and zoning appeals shall, before making any finding in a specific case, first determine that the proposed change will not constitute a change in the district 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 village. Every change granted or denied by the board of building and zoning appeals shall be accompanied by written findings of fact based on sworn testimony and evidence specifying the reasons for granting or denying the appeal or variance.
F. Petition Of Board's Decision To Circuit Court: Any person jointly or severally aggrieved by any decision of the village board of building and zoning appeals 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-five (35) days after the filing of the decision in the office of the board of building and zoning appeals and shall be pursuant to the Administrative Review Act of Illinois. (Ord. 96-21, 9-10-1996; amd. 2001 Code; Ord. 2024-14, 5-14-2024)