(A) Creation, composition, term. There is hereby created the City Zoning Board of Appeals herein referenced as “the Board.”
(1) The Mayor, with the advice and consent of the City Council, shall appoint seven Board members with one of the members appointed as Chairperson. Every member may serve a maximum of three two-year terms.
(2) Board members may continue to serve beyond the expiration of the term if necessary until a replacement is appointed by the Mayor.
(3) Four members of the Board shall constitute a quorum.
(4) Members serve at the discretion of the Mayor.
(5) The Board shall include persons of diverse backgrounds, to the extent possible, with each Board member demonstrating various skills, knowledge and expertise that facilitate the review of matters that come before the Board.
(6) One member of the Zoning Board of Appeals may serve concurrently on the Plan Commission with the terms for each body being distinct and separate.
(7) In the event of a vacancy, the Mayor, with the consent of the City Council, shall appoint a new Board member to fill the remainder of the term in question. Following completion of the term filled, said member may be appointed to a full term consistent with the provisions of this section.
(B) Purpose. The Zoning Board of Appeals serves as a recommending body to the City Council on requests for variances from this chapter of the city code as amended and on matters relating to special use permits authorizing expansion of or changes to some existing special uses. With respect to appeals of administrative decisions, the Zoning Board of Appeals renders the final decision at the local level. The Zoning Board of Appeals provides a public forum for input and deliberation on all of the above matters.
(C) Powers and duties. The Zoning Board of Appeals shall discharge the following duties under this chapter:
(1) Review and render a final decision on all appeals from any order, requirement, decision or determination made by the Administrative Officer, or the Officer’s designee, under this chapter. In rendering a final decision on administrative appeals, the Board may affirm, affirm with conditions, modify or reverse the decision of the Administrative Officer or the Officer’s designee;
(2) Review and make a recommendation to the City Council on all applications for variances from the requirements of this chapter;
(4) Hold public hearings and make recommendations on other matters as appropriate consistent with this chapter;
(5) Conduct special studies as directed from time to time by the City Council; and
(6) All recommendations provided to the City Council with respect to all of the duties listed above shall include written documentation of the Board’s findings in support of the recommended action in the manner prescribed herein.
(D) Meetings and rules of the Board. The Board shall conduct all proceedings in accordance with the following.
(1) All meetings of the Board shall be held in accordance with the meeting schedule adopted by the Board on an annual basis subject to modification by the Chairperson.
(2) Decisions and recommendations of the Board shall be reached only after a public hearing for which notice has been provided in accordance with the requirements of this chapter.
(3) All hearings shall be open to the public.
(4) At all hearings, any interested party may appear in person, or by agent or attorney, and offer evidence and testimony and cross-examine witnesses in accordance with the meeting procedures established by the Board.
(5) The Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
(6) All witnesses shall be sworn or shall affirm their testimony in the manner required in courts of record.
(7) All evidence and testimony shall be presented publicly. The Board may take judicial notice of facts to the same extent and in the same manner as courts of record and may consider any relevant facts within the personal knowledge of any member of the Board which are stated into the record by such member.
(8) 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 that fact, and shall also keep records of its examinations and other official actions. No hearing shall be conducted without a quorum of the Board being present, which shall consist of a majority of all the members then in office.
(E) Administrative appeals.
(1) Scope of appeals. An appeal may be filed by any person aggrieved by a decision of the Administrative Officer or the Officer’s designee. Such appeal shall be submitted on a form provided by the city within 45 days of the action complained of, by filing with the Administrative Officer and with the Board, a notice of appeal specifying the grounds thereof.
(2) Hearing and notice. The Board shall hear the appeal within 60 days following the receipt of any appeal under this chapter, or at the first regularly scheduled Zoning Board of Appeals meeting that has not been fully subscribed or such further time to which the appellant may agree. Notice of date, time and place of said hearing shall be provided to the appellant and all parties who have heretofore indicated to the city an interest in the decision.
(3) Transmission of record. Prior to the hearing, the Administrative Officer shall transmit to the Board the complete record upon which the action appealed was taken at least five working days prior to the hearing.
(4) Findings on appeals. An appeal shall stay all proceedings in furtherance of the action appealed unless the Administrative Officer demonstrates to the satisfaction of the Board, that a stay would cause imminent peril to life or property. In this event the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a Circuit Court on application and on notice to the Administrative Officer from whom the appeal is taken, and on due cause shown.
(5) Disposition of appeals.
(a) The Board may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination as it deems necessary and to that end has all powers of the Administrative Officer.
(b) The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Administrative Officer.
(6) Report to City Council. The Board shall transmit to the City Council a written report stating the Board’s decision on each appeal from an order, requirement, decision or determination of the Administrative Officer for information purposes.
(7) Administrative review. All final administrative decisions of the Board shall be subject to judicial review pursuant to the provisions of the Administrative Review Act, being 735 ILCS 5/Art. III, approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto.
(F) Variances.
(1) Application for variance.
(a) An application for a variance shall be filed on a form provided by the city. Such applications shall be filed by or on behalf of the legal or beneficial owner of the property for which a variance is sought.
(b) A complete application shall include all of the following unless an item is specifically waived by the Administrative Officer.
1. A completed variance application form;
2. Disclosure of beneficial interests.
a. If the applicant is a corporation, the application must be accompanied by a resolution of the corporation authorizing the execution and submittal of the application. In addition, the application shall indicate on its face the names of all directors and corporate officers of the corporation and also the names of all shareholders who own individually or beneficially 5% or more of the outstanding stock of the corporation.
b. If the applicant is a general partnership, the application shall contain a list of all general partners who have a 5% or greater individual or beneficial interest in the partnership.
c. If the applicant is a limited partnership, the application shall contain a list of all the names of general partners and the names of all limited partners having a 5% or greater individual or beneficial interest in the partnership.
3. Title report, warranty deed or similar instrument;
4. Legal description of property and plat of survey;
5. Statement of intent addressing variance criteria;
6. Site plan, elevations, floor plans, roof plans illustrating requested variance;
7. Tree removal, landscape and grading plans; and
8. Any other materials determined to be necessary by the Administrative Officer.
(2) Notice of hearing. The Administrative Officer shall have published in a newspaper of general circulation in the city a notice of the time and place of a hearing on a variance and also shall mail notice thereof to the residents and owners of record of all parcels of land, within the city limits, to a depth of three ownerships, but not to exceed 1,320 feet from the perimeter of the property being considered. The publication and mailing shall be made not more than 30 days or less than 15 days before the date of the hearing.
(3) Transmission of report and recommendation. Prior to the hearing, the Administrative Officer shall transmit to the Board a report, recommendation and background material upon which said report and recommendation are based. The complete application shall be on file and available for Board member and public review in the office of the Community Development Department.
(4) Standards for variance.
(a) The Board, after a hearing, may recommend a variance from the regulations of this chapter in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of these regulations, but only when such variance is in harmony with the general purpose and intent of this chapter.
(b) In reviewing a case, the Board shall require evidence to the effect that:
1. The variance, if granted, will not alter the essential character of the subject property, the surrounding area or the larger neighborhood in which the property is located;
2. The conditions upon which a petition for a variance are based are unique to the property for which the variance is sought, and are not applicable, generally, to other property with the same zoning classification;
3. The alleged difficulty or hardship in conforming with the requirements of this chapter is caused by this chapter and has not been created by the actions of any persons presently or formerly having an interest in the property; and
4. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
(G) Disposition of variances.
(1) Recommendation by Board of Appeals. The Board shall transmit its recommendation and written findings of fact to the City Council within 30 days after the close of the hearing on a proposed variance. In its recommendation, the Board may recommend that such conditions and restrictions be placed upon the premises benefitted by a variance as may be necessary to comply with the objectives of this chapter. The concurring vote of four members of the Board shall be necessary to recommend the authorization of any variance from this chapter.
(2) Disposition by City Council. Upon receipt of the recommendation of the Board, the City Council shall place such recommendation on its agenda within 30 days and may, by ordinance without further hearing, grant variances from the provisions of this chapter in accordance with the standards established in division (F)(4) above, or may refer it back to the Board for further consideration. Every recommendation from the Board shall be accompanied by written findings of fact specifying the reason for granting such variance. Those applications which fail to receive the approval of the Board shall not be passed by the Council except by the favorable vote of two-thirds of the aldermen then holding office.
(3) Duration of variances. No ordinance of the City Council granting a variance shall be valid for a period longer than two years from the date of such ordinance unless within such period the building permit is obtained and the erection or alteration of a building is started or the use is commenced.
(Prior Code, § 46-21) (Ord. eff. 1-15-1972; Ord. 91-1(A), passed 1-7-1991; Ord. 94-49, passed 11-7-1994; Ord. 2009-17, passed 4-20-2009; Ord. 2013-21, passed 5-6-2013; Ord. 2017-06, passed 2-6-2017)