(A) Zoning Board. BOARD when used in this subchapter shall be construed to mean the Zoning Board of Appeals. The Board shall consist of five members appointed by the Chairperson of the County Board with the advice and consent of the County Board (55 ILCS 5/5-12010). All members of the board shall be residents of the county at the time of their appointment. Failure to maintain residency in the county shall be cause for removal from the Board. The County Board may provide for the appointment of an additional two members to the Board and the additional two members to the Board and the additional members shall each serve a term of five years. At the end of the term of the two additional members, the County Board may provide for the appointment of successors or may allow the Board to revert to a membership of five. The terms of office shall be five years, provided that the members of the first Board shall serve respectively for the following terms (or until their successors are appointed and qualified): One for one year, one for two years, one for three years, one for four years, and one for five years, and five years each for those following the first appointment. The County Board may remove any member of the Board for cause, upon written charges, after a public hearing thereon. Variances shall be filed by the County Board for the unexpired term of any member whose place has become vacant. One member of the Board shall be named Chairperson by the County Board at the time of his or her appointment. In case of a vacancy, the County Board shall designate a new chairperson.
(B) Meetings. Meetings of the Board shall be held at the call of Chairperson or at such times and places within the county as may be determined. All hearings conducted by the Board shall be open to the public and the Chairperson or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings showing the vote of each member of each question, or in absence or failing to vote, indicating such fact, and shall also keep a record of its hearings and other official actions. Findings of fact shall be included in the minutes of each case of a requested area/bulk variance, special use permit, and amendment and the reasons for recommending, granting or denying such application shall be specified. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, and interpretation, decision or determination of the Board shall be filed immediately in the records of the Zoning Administrator and shall be a public record. The Board shall adopt its own rules and procedures not in conflict with this zoning code or with Illinois Statutes.
(C) Advisory body. The Board of Appeals shall be an advisory body to the County Board and final decisions on zoning permits, appeals, interpretations and amendments are vested in the County Board.
(D) Zoning Board of Appeals procedure.
(1) The Board shall act in accordance with the procedure specified by law and by this Zoning Code. Members of a five-member board or members of a seven-member board shall constitute a quorum, and except as otherwise provided by this zoning code an affirmative vote of at least of the five members or of the seven members, whichever the case may be, shall be necessary to authorize any action of the Board.
(2) All appeals and applications to the Board shall be in writing. Every appeal or application shall refer to the specific provision of the zoning code involved shall exactly set forth the interpretation that is claimed, the exceptional physical conditions for which the area/ bulk variance is sought, the use for which the special use permit is sought, and the grounds on which it is claimed that he or she variance and permit should be granted or recommended, as the case may be.
(E) Notice and hearing.
(1) No action. No action of the Zoning Board of Appeals shall be taken on any amendment, special use permit, variance, appeal, or advisory report until after notice has been given that a public hearing will be held.
(2) Notice. A notice of the time, date, and place of the hearing shall be published in a newspaper of general circulation within the county and area in question at least 15 but not more than 30 days prior to the hearing. The notice shall contain (a) the particular location of the real estate for which the hearing is requested by legal description and street address, and if no street address then by locating such real estate with reference to any well know landmark, highway, road, thoroughfare or intersection; (b) a brief summary of explanation of the subject matter of the hearing; (c) whether the petitioner or applicant is acting for himself or herself or as an agent, alter ego, or representative of a principal and the name and address of the principal; (d) whether the petitioner or applicant is a corporation, and if so, the correct names and addresses of all officers and directors of the corporation and of all stockholders or shareholders owning any interest in excess of 20% of all of the outstanding stock or shares of the corporation; (e) whether the petitioner or applicant, or his or her principal, is a business or entity doing business under an assumed name, and if so, the name and residence of all actual owners of the business or entity; (f) whether the petitioner or applicant, or his or her principal, is a partnership, joint venture, syndicate, or an unincorporated voluntary association, and if so, the names and addresses of all partners or members of the partnership, joint venture, syndicate, or unincorporated voluntary association. The notice shall be sent by first class mail at least 15 days before the hearing is scheduled to the property owners of any land adjacent to or immediately across any street, alley, or public right-of-way from the property proposed, as recorded in the office of the county recorder of deed, and as appears from the authentic tax records of the county and to any municipality whose boundaries are within one and one half miles of any part of the property proposed. The applicant shall furnish to the Zoning Administrator, at the time the application is filed, a complete list containing the names and last known addresses of the owners of property required to be served, a list of all municipalities whose boundaries are within one and one half miles of any part of the proposed property, and shall pay the cost of the public notice and for due notice to the adjacent
property owners; (g) if the request is a special use permit for a mobile home placement, the name of the property owner and occupant of the mobile home shall be included in the notice.
(3) Posting of notice. Posting of the property for public hearing. The notice is to be posted on the property at least ten days before the public hearing date, and where it can be readily seen from the street or highway, in the following manner:
(a) The poster must be fastened and secured to a board that can be attached to a two by four or other anchoring device, to protect it against the wind and other elements;
(b) The notice of public hearing must be placed four feet above the ground level or above the grade of existing major highway or road, of which the property fronts, so that the notice can be readily seen by any passerby;
(c) The notice of public hearing must be placed at a location which is located within five feet of the right-of-way of the major traveled roadway of which the property fronts;
(d) That if the property does not have frontage on a major road or is so located that it is off on a private lane or roadway, the applicant must post the notice on his or her property and make arrangements with the Board of Appeals to meet at the site that leads to the property. This shall be on file, before the date of the hearing and on the date of the application being filed. Failure to comply with the proper posting will result in the cancellation of your hearing, thereby delaying your request and imposing additional costs. Please complete the form stating that you have posted the notice and the sketch, as indicated, in accordance with the rules and regulation governing the same, and return the form to this office as soon as possible.
(e) In the event that a public hearing involves multiple properties that are adjacent to each other or within the same district, the applicant shall be required to post one notice within each zoning district. Applicants are encouraged to coordinate with the Planning and Development Department to ensure the notices are located in a manner which effectively advertises the zoning hearing.
(F) Time for acting on applications.
(1) The Board shall act on an application within 60 days from receiving the application, except that where additional information is required by the Board, the Board shall render a written decision within 60 days from the receipt of the information.
(2) If an application for a zoning amendment, variance, or special use permit has been denied by the County Board, the same request may not be resubmitted for one year.
(G) Advisory report. The Board of Appeals shall provide the Land Use Committee with an advisory report concerning variations, amendments and special uses to include findings of fact and should recommend appropriate conditions to prevent any detrimental effects of the proposed special uses. Such conditions may include but not be limited to, the protection of adjacent property, the expiration of the special use after a specified period of time, or off-street parking and loading as shall be deemed necessary to secure the general intent and purpose of this zoning code, and to reduce injury to the value of property in the surrounding area.
(H) Appeals. An appeal may be taken to the Board by any person, firm, or corporation, or by any officer, department, board, or bureau affected by the decision of the Zoning Administrator. Such appeal shall be taken within 30 calendar days, by filing with the Administrator a notice of the Board of Appeals, specifying the grounds of appeal. The Administrator shall thereupon transmit to the Board all papers constituting the appeal and the record upon which the action appealed form was taken. An appeal shall stay all proceedings and furtherance of action appealed from, unless the Administrator certifies to the Board after the notice of appeal has been filed with him, that by reason of fact stated in the certificate, the stay would, in his or her opinion, cause an imminent peril to life or property, in which case the proceedings will not be stayed otherwise than by a court of record. The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appear and testify at the hearing either in person, or by a duly authorized agent or attorney.
(I) Variance conditions. No area/bulk variance shall be recommended in any case unless the Board of Appeals finds:
(1) That there are special circumstances or conditions as fully described in the findings, applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to the land or buildings in the surrounding area, and that circumstances or conditions are such that strict application of this zoning code would deprive the applicant of a reasonable permitted use of the land or building;
(2) That, for reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of land or buildings, and that the variance is the minimum variance that will accomplish this purpose; and
(3) That the granting of this variance would be in harmony with the general purpose and intent of this zoning code, and will not be injurious to the surrounding area or otherwise detrimental to the character and use of adjoining buildings and those in the vicinity, the Board, in making its findings, shall take into account whether the condition of the subject premises is peculiar to the lot or tract described in the petition or is merely part of the general condition of the area.
(4) No variance shall be approved that constitutes a variation in use not permitted in the district.
(J) A Zone variance conditions. No A Zone variance shall be approved that does not comply with the provisions of § 1910.6 of the Rules and Regulations of the National Flood Insurance Program.
(K) Variances for telecommunication facilities. In granting a variance for a telecommunication facility, the board shall consider the following, and no other matters:
(1) Whether, but for the granting of a variation, the service that the telecommunications carrier seeks to enhance or provide with the proposed facility will be less available, impaired, or diminished in quality, quantity, or scope of coverage;
(2) Whether the conditions upon which the application for variations is based are unique in some respect or, if not, whether the strict application of the regulations would result in a hardship on the telecommunications carrier;
(3) Whether a substantial adverse effect on public safety will result from some aspect of the facility's design or proposed construction, but only if that aspect of design or construction is modifiable by the applicant;
(4) Whether there are benefits to be derived by the users of the services to be provided or enhanced by the facility and whether public safety and emergency response capabilities would benefit by the establishment of the facility; and
(5) The extent to which the design of the proposed facility reflects compliance with § 93.075 (D)(9).
(L) Variances for minor area-bulk. A minor area-bulk variance may be sought meeting the following procedures and requirements. A variation of 10% or less of the regulations of area/bulk may be granted without public hearing by the Zoning Administrator, provided, however, that before such variation is granted, a notice of the intent to grant such variation shall be sent by certified mail to all adjoining landowners. If any adjoining landowner files a written objection with the Zoning Administrator within 15 days of receipt of such notice, the variation shall only be considered by the Board of Appeals in the manner provided in § 93.177 (H).
(Ord. 2014-18, passed 4-16-2014; Am. Ord. 2016- 02, passed 2-16-2016; Am. Ord. 2020-02, passed 1-16-2020)