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(A) When a property owner or his agent shows that a strict application of the terms of the zoning chapter relating to the use, construction or alteration of buildings or structures or the use of land, imposes upon him, practical difficulties or particular hardship, then the Board of Appeals may recommend such variances of the strict application of the terms of the zoning chapter as are in harmony with its general purpose and intent when the Board is satisfied, under the evidence heard before it, that such a variance will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship or difficulty so great as to warrant a variance from the provisions of the zoning chapter, or in the following instances:
(1) To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record prior to the date of passage of the zoning chapter.
(2) To permit a front yard, a side yard or a rear yard less than that required by the zoning chapter, but such variation shall not exceed 25% of the depth of front yard, or the depth of the rear yard, or the width of the side yard, as required by the zoning chapter.
(3) To permit a building to exceed the height limit by not more than 10% of the height limit established by the zoning chapter.
(4) To permit the use of a lot less in area by not more than 20% of the lot area required by the zoning chapter.
(5) To permit the use of a lot less in width by not more than 20% of the lot width as required by the zoning chapter.
(6) To permit coverage of a lot in excess of 35% of the lot area but not more than 50% of the lot area as required by the zoning chapter.
(7) To interpret the provisions of the zoning chapter where the street layout actually on the ground varies from the street layout as shown on the zoning chapter of the city fixing the several districts.
(B) In considering all proposed variations to the zoning chapter, the Board shall, before recommending any variation from the zoning chapter in a specific case, first determine and make a finding of fact that the property in question cannot yield a reasonable return if permitted to use used only under the conditions allowed by the regulations in that zone; the plight of the owner is due to unique circumstances; and the variance, if granted, will not alter the essential character of the locality. A variance shall be permitted only if the evidence, in the judgment of the Board of Appeals, sustains each of the three conditions enumerated; and further, the proposed variation will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in public streets, increase the danger of fire or endanger the public safety, unreasonably 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 inhabitants of the city.
(C) No variance shall be made except in a specific case and after a public hearing before the Board of Appeals of which there shall be a notice of the time and place of the hearing published at least once, not more than 30 days nor less than 15 days before the hearing, in one or more newspapers published in the city. This notice shall contain the particular location for which the variance is requested as well as a statement of what the proposed variance consists.
(D) The Board shall report its findings and recommendations to the Council within 15 days after the public hearing.
('71 Code, § 2-12-3)
(A) No variance in any specific case shall be made by the Council without a hearing by the Zoning Board of Appeals as required herein nor without a report thereof having been made by the Board to the Council, and every such report shall be accompanied by a finding of fact specifying the reasons for the report.
(B) Upon the report of the Zoning Board of Appeals, the Council, without further public hearing, may adopt or deny any proposed variation or may refer the report back of the Board for further consideration. Any proposed variation which fails to receive the approval of four members of the Zoning Board of Appeals shall not be passed except by the favorable vote of three-fourths of all elected members of the Council. In making any variances, the Council shall be governed by the same considerations and restrictions as the variations in particular instances under § 33.062.
('71 Code, § 2-12-4)
(A) All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such other times as the Board may determine. 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.
(B) 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 Clerk.
(C) All meetings of the Board shall be open to the public and all minutes of the Board shall be open to public examination at reasonable hours.
('71 Code, § 2-12-5)
Nothing herein contained shall be construed to give or grant to the Zoning Board of Appeals the power or authority to alter or change the zoning chapter or any use district made a part of the zoning chapter; such power and authority being reserved to the Council, and the Board shall not have any power or authority with respect to any alterations or change of the zoning chapter except to make recommendations to the City Council in such specific cases as may properly come before the Zoning Board of Appeals.
('71 Code, § 2-12-6)
(A) No order for a variance permitting the erection or alteration of a building shall be valid for a period longer than six months, unless such use is established within such period; however, where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
(B) No order for a variance permitting a use of a building or premises shall be valid for a period longer than six months, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is stated and proceeds to completion in accordance with the terms of such permit.
('71 Code, § 2-12-7) (Ord. 1413, passed 9-13-60)
CEMETERY BOARD OF MANAGERS
Pursuant to ILCS Ch. 65, Act 5, §§ 11-49-1 and 11-52.2-1, there is hereby established a Cemetery Board of Managers, which shall consist of three persons to be appointed by the Mayor with the advice and consent of the Council, and shall hold office for a period of four years and until their successors are appointed and qualified.
('71 Code, § 2-8-1) (Am. Ord. 2794, passed 8-24-92)
As soon as may be convenient after appointment, this Board shall meet and select the officers in the manner and number as prescribed by the previously cited Illinois statutes. Bond shall be paid for by the city and in the amount as specified by the statute. The City Manager will insure that administrative support is provided to this Board.
('71 Code, § 2-8-2) (Am. Ord. 2794, passed 8-24-92)
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