(A) Board of Adjustment established.
(1) There is hereby established a Board of Adjustment. Said Board shall consist of seven members appointed by the Mayor of the city and confirmed by the City Council of the city. The members of said Board shall serve respectively for the following terms:
(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; and
(g) One for seven years.
(2) 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 Mayor for cause after written charges have been filed and after a public hearing has been held if demanded by the member so charged.
(3) One of the members of said Board shall be designated by the Mayor, with the consent of the City Council, as Chairperson of said Board and shall hold said office as Chairperson until a successor is appointed. Such Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
(4) The City Manager shall act as a clerk for the Board and shall make and keep a record of all its meetings and official acts.
(5) The Mayor by and with consent of the City Council shall appoint one member of the City Council to serve as an ex officio, non-voting member of the Board of Adjustment. Said member appointed to serve a term coinciding with his term of office on the City Council.
(B) Meetings.
(1) 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; said 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) All meetings of the Board shall be open to the public.
(3) 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 reasons for granting or denying 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 a public record.
(4) The Board shall adopt its own rules or procedure; a copy of which and all recommendations thereto shall be filed in the office of the City Clerk.
(5) The minutes of the Board shall be open to public examination at reasonable hours.
(6) Expenses incurred by the Board of Adjustment are to be itemized and shall be borne by the city.
(7) In considering all appeals and all proposed variations to this chapter, the Board of Adjustment shall, before recommending that the City Council grant any variation from the ordinance in a specific case, first determine and make a finding of fact that the proposed variation will not:
(a) Impair an adequate supply of light and air to adjacent property;
(b) Unreasonably increase the congestion in public streets;
(c) Increase the danger of fire or endanger public safety;
(d) Unreasonably diminish or impair established property values within the surrounding area; and
(e) Will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship or difficulty; or in any other respect impair the public health, safety, comfort, morals and welfare of the inhabitants of the city.
(C) Appeals and review. Appeals shall be governed by provisions of the 65 ILCS 5/11-13-12 through 11-13-13.
(2000 Code, § 152.335) (Ord. 3020A, passed 1-12-2016)