(A) There is established a Zoning Board of Appeals. The Board shall consist of seven members appointed by the Mayor and approved by the City Council, to serve respectively for the following terms: One for one year, one for two years, one for three years, one for four years, one for five years, one for six years; and one for seven years, the successor to each member so appointed to serve for a term of five years. The Zoning Board of Appeals shall elect one member as its chairman and another to serve as its vice-chairman, each for a term of one year and subject to reelection. The chairman, or in his absence, the vice-chairman may administer oaths and compel the attendance of witnesses. The Board shall also select one member as secretary to keep minutes and maintain the records of the Board.
(B) The proceedings of the Zoning Board of Appeals shall be in accord with the Zoning Board of Appeals procedural manual as adopted and amended, with the provisions of this chapter, and with the Illinois Revised Statutes.
(1) All meetings of the Board and all hearings shall be open to the public.
(2) All meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. Meetings may be called at the request of three members of the Board.
(3) The Board shall keep minutes of its proceedings, showing the vote of each member on every question, or if absent or failing to vote, indicating that fact. Statement of the facts found by the Board shall be included in the minutes of each case heard or considered by it. The reason for recommending or denying an exception as herein provided shall also appear in the minutes. The minutes of the Board shall be open to the public at reasonable hours. Every rule, regulation, amendment, and every order, requirement, decision, or determination of the Board shall immediately be filed at city hall and shall be a public record.
(4) Expenses incurred by the Zoning Board of Appeals are to be itemized and shall be borne by the city.
(5) No hearing shall be conducted without a quorum of the Board being present, which shall consist of a majority of all the members.
(6) Any absent member who certifies that he has read the transcript of the proceedings before the Board may vote on any question before the Board.
(C) In exercising its duties, the Zoning Board of Appeals may, as long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination of the Building Inspector and to that end shall have all the powers of the Building Inspector from who the appeal is taken. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Building Inspector from whom an appeal is taken, to decide in favor of the applicant on any matter in which the Board is required to pass under the provisions of this chapter, or to effect any variances in the application of this chapter. For the purpose of this chapter, the Board has the following specific duties and responsibilities:
(1) Hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, interpretation, or determination made by the Building Inspector.
(2) Hear all applications for variations from the provisions of this chapter and authorize, in the manner provided by law, variations from the provisions of this chapter where the literal enforcement of these provisions would result in unnecessary hardship. Such variation shall not be contrary to the public interest and shall preserve the spirit of this chapter.
(Ord. 80-0-24, passed l-12-81)