(A) Zoning procedure; powers and duties. “Board” when used in this section shall be construed to mean Zoning Board of Appeals. The Board shall consist of seven members appointed by the Mayor by and with the consent of the City Council. 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 respective successors are appointed and qualified: 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; and five each for those following the first appointment. The Chairperson of the Board shall be appointed by the Mayor with consent of the City Council and shall hold office until his or her term of appointment expires, or is otherwise terminated.
(B) Meetings. Meetings of the Board of Appeals shall be held at the call of the Chairperson or any two members, or at such times as the Board may determine. All hearings conducted by the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or in absence or failing to vote, indicating such fact, and shall also keep records of its hearings and other official actions. Findings of fact shall be included in the minutes of each case of a requested area-bulk variation, and the reason for 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 office of the Board and shall be a public record. The Board shall adopt its own rules and procedures, not in conflict with this code or with Illinois statutes.
(C) (1) Appeals. An appeal may be taken to the Zoning Board of Appeals by any person, firm or corporation, or by any officer, department, board or bureau affected by a decision of the Administrative Official concerning the zoning provisions of this code. Such appeal shall be taken within 45 days by filing with the Administrative Official a notice of appeal specifying the grounds thereof. The Administrative Official shall thereupon transmit to the Board all papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceeding in furtherance of action appealed from, unless the Administrative Official certifies to the Zoning Board of Appeals after the notice of appeal has been filed with him or her that by reason of facts stated in the certificate, the stay would, in his or her 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, or notice to the Administrative Official and on due cause shown. The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties concerned, including the applicant and any known objectors, 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 duly authorized agent or attorney. The Board may reverse or affirm wholly or partly, or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the Board may decide to be fitting and proper to the premises.
(2) Appeal fee. Any person, firm or corporation prior to filing a notice of appeal to the Zoning Board of Appeals under division (C), shall pay to the Municipal Clerk a fee of $100. Any fee once paid shall not be refunded.
(D) Powers and duties. The Zoning Board of Appeals shall have all the powers and duties prescribed by law and by this code including the following:
(1) Interpretation. Upon an appeal from a decision by any Administrative Official, to decide any question involving the interpretation of any provision or term of the zoning provisions of this code including the determination of the exact location of any district boundary if there is uncertainty with respect thereto.
(2) Area-bulk variance. To vary or adapt the strict application of the requirements of the zoning provisions of this code in the case of exceptionally irregular, narrow, shallow, or steep lots, or other exceptional physical conditions, whereby such strict application would result in such practical difficulty and/or unnecessary hardship as would deprive the owner of the reasonable use of the land or building involved, but in no other case. In granting an area-bulk variance the Board shall prescribe conditions that it deems to be necessary or desirable for the public interest, convenience or welfare. No area-bulk variance in the application of any provisions of this code shall be granted by the Board unless it finds:
(a) That special circumstances or conditions fully described in findings of fact apply to the land or buildings for which the area-bulk variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to the land or buildings in the neighborhood, and that the circumstances or conditions are such that strict application of the provisions of this code would deprive the applicant of a reasonable use of such land or building;
(b) That, for reasons fully set forth in the findings, the granting of the area-bulk variance is necessary for the reasonable use of land or buildings, and that the variance as granted by the Board is the minimum variance that will accomplish this purpose;
(c) That the granting of this variance will be in harmony with the general purpose and intent of this code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In addition to considering the character and use of adjoining buildings and those in the vicinity the Board in making its findings shall take into account whether the conditions 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 neighborhood which would appropriately be the proper jurisdiction of the Corporate Authority for consideration of rezoning of the area rather than a variance which would affect only a small segment of the area.
(3) Permits for area-bulk variances. To issue or authorize area bulk variances for any matter for which this code allows or requires the obtaining of a variance from the Zoning Board of Appeals. The Board shall not issue any permit concerning special uses or a zoning change in use.
(E) Procedure - Zoning Board of Appeals.
(1) The Board shall act in accordance with the procedure specified by law and by this code. Four members shall constitute a quorum and except as otherwise provided by this code an affirmative vote of at least four members shall be necessary to authorize any action of the Board. All appeals and applications to the Board shall be in writing. Every appeal or application shall refer to the specific provision of the code involved, and shall exactly set forth the interpretation that is claimed, the matter for which it is claimed that the variance should be granted, as the case may be.
(2) The municipality may appear by any designated official of the Corporate Authority and be heard as a party in interest in any hearing before the Board and the municipality may appeal any decision of the Board to a court of competent jurisdiction.
(3) Notice and hearing. No action of the Zoning Board of Appeals shall be taken on any case until after notice has been given that public hearing has been held as follows:
(a) A notice of the time and date of the hearing and a brief summary of explanation of the subject matter of the hearing shall be published in the newspaper of general circulation within the municipality within at least 15 but not more than 30 days prior to the hearing date.
(b) The notice in the foregoing subsection (a) shall be sent by first class mail to the applicant and owners of property in question at the time the public notice is published.
(c) Notice of the hearing concerning special use permits and rezoning requests shall additionally be sent by first class mail to property owners or persons residing on land adjacent to the property in question. The applicant shall furnish the necessary names and addresses of adjacent property owners.
(F) Special use permit and amendment. The Zoning Board of Appeals shall conduct all public hearings concerning special use permits and amendments to this code and shall issue an advisory report to the Corporate Authority concerning each application.
(G) Advisory reports. All advisory reports shall consider at least the following:
(1) The effect the proposal would have on the municipal comprehensive or land use plan;
(2) The effect the proposal would have on the health, welfare, safety, morals and comfort of the surrounding area;
(3) The effect the development would have on schools, traffic streets, shopping, public utilities and adjacent properties;
(4) Is the application necessary for the public convenience at that location or, in the case of existing nonconforming uses, that a special use permit will make the use more compatible with its surroundings;
(5) Is the application so designed, located and proposed to be operated that the public health, safety, and welfare will be protected;
(6) Will the application cause injury to the value of other property in the neighborhood in which it is located;
(7) Will the special use be detrimental to the essential character of the district in which it is located.
(H) Hearing on application. The Zoning Board of Appeals shall hear the application (or any modified application) in accordance with its usual procedure. They may: (1) recommend the application with or without conditions, (2) recommend denial of the application, or (3) refer the application back to the applicant for modification. If the application is recommended, the application in final form shall clearly note all stipulated conditions.
(I) Records. A record of the proceedings shall be preserved in such manner as the Zoning Board of Appeals shall by rule prescribe from time to time. Within 15 working days following the hearing, the Zoning Board of Appeals shall file a report of the hearing and its advisory report with the Corporate Authority.
(J) Application modification. If the application is referred back for modification by the Zoning Board of Appeals or subsequently by the Corporate Authority the applicant may resubmit the application in accordance with the directions of the Zoning Board of Appeals, if any, otherwise in time for the next regular meeting of the Zoning Board of Appeals.
(K) Written protest. In case of a written protest against any proposed amendments of the zoning regulations or districts, signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, if filed with the Municipal Clerk, the amendment shall not be passed except by a favorable vote of at least two-thirds of the Corporate Authority.
(L) Corporate authority procedure. Upon receipt of the Zoning Board of Appeals’ advisory report, the Corporate Authority shall act according to its legislative procedure; however, any decision of the Corporate Authority contrary to a negative recommendation of the Zoning Board of Appeals shall require a two-thirds majority vote of the Corporate Authority for passage.
(M) Finding of fact. Every special use permit or amendment granted by the Corporate Authority shall be by ordinance and shall be accompanied by a finding of fact specifying the reason for making such special use permit.
(N) Minor plan changes/special use permits. Any development plan shall be a permanent site plan and shall not be modified, nor shall any additions be made thereto, except minor changes in a developmental plan may be made upon application to the Administrative Official. Major changes in the developmental plan require total review and reapplication.
(O) Special use expansion. Any expansion of a special use involving the enlargement of the buildings, structures, and land area devoted to such use shall be subject to the procedures set forth in this subchapter. (See division (F) above.)
(P) Revocation - expiration. The Corporate Authority may revoke a permit issued under this subchapter if:
(1) The proposal for which a permit has been issued is not carried out pursuant to the approved final site plan; or
(2) If any condition or requirement included in the permit is not complied with; or
(3) Any permit shall expire at the time or under the conditions established for the individual permit.
(Ord. 887, §§ 8.1 - 8.16, passed - -; Am. Ord. 1608, passed 3-25-2003)