A. Powers And Duties: The powers and duties of the board are:
1. To hold public hearings and recommend to the village board approval of conditional use permits.
2. To hold public hearings and grant variances and expansions of nonconforming uses.
3. To hold public hearings and decide upon requests for determination of the existence of a nonconforming use and request for the extension of a nonconforming use.
4. To hear and decide appeals where it is alleged there is an error in an order, requirement, decision, or determination made by the building inspector in the enforcement of the zoning ordinance or the building code and fee schedule.
5. To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of passage of the zoning ordinance.
6. To interpret the provisions of the zoning ordinances in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts accompanying and made a part of this title where the street layout on the ground varies from the layout as shown on the map aforesaid.
B. Granting Variances: The board may grant the following variances:
1. Vary the yard regulations where there is an exception or unusual physical condition on a lot, which condition is not generally prevalent in the neighborhood and which condition when related to the yard regulations of this title would prevent a reasonable or sensible arrangement of buildings on the lot. Applicants for a side or rear yard variance must be able to show the distance of the proposed improvement from the lot line by way of lot corner stakes in the neighborhood. Notwithstanding the foregoing, a variance may be granted for the parking or storage of recreational vehicles in side yards. Before granting such a variance, the board shall consider such factors as the closeness of neighboring buildings, adequate light, sunshine and airspace and fire hazard potential.
2. Vary the parking regulations where an applicant demonstrated conclusively that the specific use of a building would make unnecessary the parking spaces required by this title, but providing that such a reduction not be more than fifty percent (50%) of the usual requirement.
3. Use of premises for public utilities and railroad purposes (other than track right of way) or for radio and television tower or broadcasting station.
4. Vary the parking regulations for parking in the R districts for churches, temples, public schools, public libraries, community centers, public parks, and public playgrounds. In the R districts twenty percent (20%) of the required front yard shall be reserved and devoted to permanent landscaping and no off street parking spaces or off street loading spaces shall be permitted within this landscaping area.
C. Conditional Use Permits: The zoning board of appeals shall conduct public hearings and make recommendations to the village board upon applications for conditional permits, specifically listed in the district regulations of this title. Conditional uses of areas to be annexed shall be detailed in an annexation agreement. A public hearing on the conditional use and annexation agreement shall be conducted by the planning and review board. In such cases it shall be the planning and review board rather than the zoning board of appeals which shall make recommendations to the village board. No recommendation for a conditional use permit shall be forwarded to the village board within the same week as the public hearing is completed. Before recommending approval of such a conditional use permit, the board shall satisfy itself that the conditional use requested will meet conditions that will, with the board's judgment, ensure that:
1. The establishment, maintenance, or operation of a conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
2. The conditional use will not be injurious to the use and enjoyment of the property in the immediate vicinity for the purpose already permitted nor substantially diminish and impair property values within the neighborhood.
3. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property uses permitted in the district.
4. Adequate utilities, access roads, drainage, and other necessary facilities will be provided.
5. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestions in the public streets.
6. Duration of conditional uses shall be for that period of time as set forth.
D. Appeals To The Board: An appeal may be taken to the zoning board of appeals by a person or by an officer, department, board or bureau of the village affected by a decision of the building inspector.
An appeal shall state all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the zoning board of appeals after the notice of appeal has been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the zoning board of appeals or by a court of record on application, on notice to the building inspector, and on due cause shown.
The board shall select a reasonable time and place for the hearing of the appeal and give fifteen (15) days' notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appeal and testify at the hearing, either in person or by duly authorized agent or attorney.
E. Appeals From Decision Of The Board: Any review of the decisions of the zoning board of appeals shall be subject to the Illinois administrative review act. (Ord. 244, 6-10-2003)