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A. Application For Variance; Fee Required:
1. Every application for a variance shall be filed with the administrator on a prescribed form. Every variance application shall also be filed with the soil and water conservation district as per state law 1 . The administrator shall promptly transmit said application, together with any advice he might wish to offer, to the board of appeals.
2. The application shall contain sufficient information to allow the board to make an informed decision, and shall include, at a minimum, the following:
a. Name and address of the applicant;
b. Brief description/explanation of the requested variance;
c. Location of the structure/use for which the variance is sought;
d. Relationship of said structure/use to existing structures/uses on adjacent lots;
e. Specific section(s) of this title containing the regulations which, if strictly applied, would cause a serious problem; and
f. Any other pertinent information that the administrator may require. A filing fee is required.
B. Public Hearing; Notice: The board of appeals shall hold a public hearing on each variance request within a reasonable time after the variance application is submitted thereto. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing and nature of the proposed variance shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:
1. By first class mail to the applicant and to all parties whose property abuts the property for which the variance is requested.
2. By publication in a newspaper of general circulation within the city.
C. Standards For Variance: The board of appeals shall not recommend nor shall the council grant any variance unless, based upon the evidence presented to them, they determine that:
1. The proposed variance is consistent with the general purposes of this title; and
2. Strict application of the district requirements would result in great practical difficulties or hardship to the applicant and prevent a reasonable return on the property; and
3. The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardships and allow a reasonable return on the property; and
4. The peculiar circumstances engendering the variance request are not applicable to other property within the district, and therefore, the variance would be more appropriately a remedy than an amendment (rezoning); and
5. The variance, if granted, will not alter the essential character of the area where the premises in question is located.
D. Advisory Report; Council Decision: Within a reasonable time after the public hearing, the board of appeals shall submit an advisory report to the council. The council may grant a variance by simple majority vote of all members then holding office and shall act on the requested variance at their next regularly scheduled meeting following submission of the advisory report of the board of appeals. In accordance with state law, the council shall specify the terms of relief granted (if any) in one statement and their findings of fact in another statement. The findings of fact shall clearly indicate the council's reasons for granting or denying any requested variance. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)
Notes
| 1 | 1. 70 ILCS 405/22.02a. |
A. Authority: The council may amend this title in accordance with state law 1 , and the provisions of this section. Proposed alterations of district boundaries or proposed changes in the status of uses (permitted, special, prohibited) shall be deemed proposed amendments. Amendments may be proposed by the council, administrator, the board of appeals, or any party in interest.
B. Filing Amendment; Fee: Every proposal to amend this title shall be filed with the administrator on a prescribed form. Every amendment proposal shall also be filed with the soil and water conservation district as per 70 Illinois Compiled Statutes 405/22.02a. The administrator shall promptly transmit said proposal, together with any comments or desired recommendations, to the board of appeals who will conduct a public hearing. A filing fee is required. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)
C. Public Hearing; Notice: The zoning board of appeals shall hold a public hearing on every amendment proposal within a reasonable time after said proposal has been submitted thereto. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed amendment shall be given not more than thirty (30) days nor less than fifteen (15) days before the hearing:
1. By publication in a newspaper of general circulation within the city; and
2. When the amendment involves a rezoning, not a text amendment, by first class mail to all parties whose property abuts the property(ies) for which rezoning is requested.
D. Advisory Report; Findings Of Fact: Within a reasonable time after the public hearing, the board of appeals shall submit their advisory report to the council. The report shall state recommendations of the board of appeals regarding adoption of the proposed amendment, and their reasons therefor. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the board of appeals shall include in their advisory report findings of fact concerning each of the following matters:
1. Existing use(s) and zoning of the property in question;
2. Existing use(s) and zoning of other lots in the vicinity of the property in question;
3. Suitability of the property in question for uses already permitted under existing regulations;
4. Suitability of the property in question for the proposed use; and
5. The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since the property was initially zoned or last rezoned.
E. Council Action: The council shall act on every proposed amendment at their next regularly scheduled meeting following submission of the advisory report of the board of appeals. Without further public hearing, the council may pass or deny any proposed amendment or may refer it back to the board of appeals for further consideration by simple majority vote of all the members then holding office. (Ord. 1148, 4-27-1987, eff. 6-1-1987)
F. Protests: The favorable vote of at least two-thirds (2/3) of all the members of the council is required to pass an amendment to this title when the proposed amendment is opposed, in writing, by the owners of twenty percent (20%) of the frontage proposed to be altered, by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered 2
. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)
G. Rezones From Rural-Agricultural District To Industrial District: The city council may amend the rural-agricultural zone district to the industrial zone by suspension of the above procedures upon a finding of fact at the city council level that the community's economic development will be enhanced by the amendment. The city council may initiate the proceeding. (Ord. 1148, 4-27-1987, eff. 6-1-1987)
Notes
| 1 | 1. 65 ILCS 5/11-13-14. |
| 2 | 1. 65 ILCS 5/11-13-14. |
A. Authority; Compliance With Law: Any person aggrieved by any decision or order of the administrator in any matter related to the interpretation or enforcement of any provision of this title may appeal to the board of appeals. Every such appeal shall be made and treated in accordance with Illinois law 1 and the provisions of this section.
B. Filing; Record Transmittal; Fee: Every appeal shall be made within forty five (45) days of the matter complained of by filing with the administrator and the board of appeals a written notice specifying the grounds for appeal. Every appeal shall also be filed with the soil and water conservation district as per state law 2 . Not more than five (5) working days after the notice of appeal has been filed, the administrator shall transmit to the board of appeals all records pertinent to the case. A filing fee is required. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)
C. Stay Of Proceedings: An appeal stays all further action on the matter being appealed unless the administrator certifies to the board of appeals, after the notice of appeal has been filed with him, that, for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the board of appeals or the circuit court grants a restraining order for due cause and so notifies the administrator.
D. Public Hearing; Notice: The board of appeals shall hold a public hearing on every appeal within a reasonable time after the filing of the appeal. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and briefly describing the issue to be decided shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:
1. By first class mail to the applicant and to all parties whose property abuts the property affected by the appeal; and
2. By publication in a newspaper of general circulation within the city.
E. Advisory Report; Council Decision: Within a reasonable time after the public hearing, the board of appeals shall submit an advisory report to the council. The council shall make the final decision on the appeal at their next regularly scheduled meeting following submission of said report. The council, by an ordinance passed by simple majority vote of all members then holding office, may reverse or affirm, wholly or partly, or may modify or amend the decision or order appealed from to the extent and in the manner that they deem appropriate. (Ord. 1148, 4-27-1987, eff. 6-1-1987)
Notes
| 1 | 2. 65 ILCS 5/11-13-12. |
| 2 | 3. 70 ILCS 405/22.02a. |
The schedule of fees is as follows:
Zone clearance | $10.00 |
Prezoning | None |
Special use permit | $20.00, plus the cost of publication - $30.00 |
Temporary use permit | $20.00 |
Planned unit development | $20.00, plus the cost of publication - $30.00 |
Amendments | $20.00, plus the cost of publication - $30.00 |
Appeals | $20.00, plus the cost of publication - $30.00 |
Variances | $20.00, plus the cost of publication - $30.00 |
Fence permit | $15.00, plus the cost of zone clearance - $10.00 |
(Ord. 1512, 6-13-1994)
A. In case any building or structure, including fixtures, is constructed, altered, repaired, converted, or maintained, or any building or structure, including fixtures, or land is used in violation of this title, the administrator, mayor and city council, or any other tenant of real property within one thousand two hundred feet (1,200') of any direction of the property on which the building or structure in question is located, may, in addition to other remedies, initiate actions or proceedings to: (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)
1. Prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use;
2. Prevent the occupancy of the building, structure, or land;
3. Prevent any illegal act, conduct, business, or use in or about the premises; or
4. Restrain, correct, or abate the violation.
B. When any such action is initiated by the city, the city will be represented by the city attorney.
C. When any such action is initiated by an owner or tenant, notice of such action shall be served upon the city at the same time the suit is begun by serving a copy of the complaint upon the mayor.
D. The court of proper jurisdiction may issue a restraining order, a preliminary injunction, and/or a permanent injunction upon such terms and under such conditions as will do justice and enforce the purpose of this title.
E. An owner or tenant need not prove any specific, special, or unique damages to self or property from the alleged violation to maintain a suit. (Ord. 1148, 4-27-1987, eff. 6-1-1987)
F. Pursuant to 65 Illinois Compiled Statutes 5/11-13-15, an owner or tenant plaintiff may seek and be allowed a reasonable sum of money for legal fees when the defendant has engaged in prohibited activities. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)
Violations of the provisions of this title or failure to comply with any of its requirements (including violations of conditions and safeguards established in grants of variances, special uses, temporary uses, or planned unit developments) shall constitute a misdemeanor. Any person who violates this title or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than seven hundred fifty dollars ($750.00) or imprisoned for not more than six (6) months, or both, and shall pay all legal expenses and corresponding court costs. Each day that a violation exists constitutes a separate offense. The owner of any building, structure, premises, or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in, or maintains such violation may be found guilty of a separate offense and suffer the penalties herein provided. (Ord. 1148, 4-27-1987, eff. 6-1-1987; amd. 2013 Code)
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