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ZONING BOARD OF APPEALS
ZONING BOARD OF APPEALS
SECTION I - GENERAL PROVISIONS
(A) These rules are supplementary to the provisions of the Zoning Code of the Village, as they relate to procedures of the Board of Appeals.
(B) Any member who has any interest in a matter before the Zoning Board of Appeals shall not vote thereon and shall remove himself from any meeting or hearings at which said matter is under consideration.
(C) Nothing herein shall be construed to give or grant to the Zoning Board the power or authority to alter or change the zoning code including the zoning map, which authority is reserved to the governing body.
(D) The Village Attorney shall be consulted in cases where the powers of the Zoning Board are not clearly defined.
(E) The office of the Zoning Board shall be located at the Village Hall.
SECTION II - OFFICERS AND DUTIES
(A) The officers shall be a Chairman, a Vice-Chairman, and a Secretary.
(B) The Mayor shall designate the Chairman, the Board shall elect from amongst its members the Acting Chairman when the Chairman is absent; and the Board shall designate the Secretary. To assist the Secretary, the Village Board may employ a stenographer whose appointment and salary shall be approved by the corporate authorities. The Stenographer shall have no voting right.
(C) The Chairman shall supervise the affairs of the Zoning Board of Appeals. He shall preside at all meetings of the Zoning Board, shall appoint such committees as may be necessary to carry out the purposes of the Zoning Board, and shall provide for the oath to be administered to all witnesses in cases before the Zoning Board.
“I, , do hereby swear (or affirm) that the testimony I am about to give is the truth, the whole truth, and nothing but the truth, so help me God.”
(D) The Vice-Chairman, in the absence or disability of the Chairman, shall perform all the duties and exercise all the powers of the Chairman.
(E) The Secretary or a designated person shall maintain permanent minutes of the Board's proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact; shall keep records of its examinations and other official actions; shall keep an accurate and detailed transcript of all hearing proceedings and testimony given; shall record the names and addresses of all persons appearing before the Zoning Board; shall, subject to the Zoning Board and Chairman, conduct the correspondence of the Zoning Board and have published in a local newspaper public notices of meetings or hearings as required by law and these rules of procedures; shall file said minutes and records in the office of the Board, which minutes and records shall be a public record; and shall be the custodian of the files of this Board and keep all records. These records shall be kept at the Village Hall at all times.
SECTION III - MEETINGS
(A) Regular meetings shall be held on the 1st Wednesday of each month at 7:30 P.M., in the Village Hall unless such day shall be a recognized holiday. In that event, the regular meeting shall be held on the following Monday of that month, or at such other time and place as the Chairman may designate.
(B) Regular meetings may be canceled by the Chairman when there are no cases pending. Notification must be given to members, however, not less than forty-eight (48) hours prior to the time set for such meeting.
(C) Special meetings may be called by the Chairman at his discretion or upon the request of two (2) or more members, provided that forty-eight (48) hours notice is given each member. However, no formal action may be taken at such meetings on items requiring public notice and advertising unless the provisions and requirements of the Zoning Code are met.
(D) All meetings shall be open to the public.
(E) A quorum shall consist of four (4) members for any regular or special meeting(s), and the concurring vote of four (4) members is required for any decision, determination, or official action by the Board.
SECTION IV - ORDER OF BUSINESS
(A) All meeting of the Board shall proceed as follows:
(1) Roll call and declaration of quorum.
(2) Reading and approval of minutes of previous meeting.
(4) Announcement of decisions from last meeting.
(5) Reports of committees.
(6) Call of cases on agenda and hearing of requests for continuance.
(7) Oath of Office.
(8) Hearing of cases on agenda.
(9) Unfinished business.
(10) New Business.
(B) Continuances. Continuances may be granted at the discretion of the Zoning Board in any casefor good cause shown or to any interested party who has entered his appearance and can show good cause. Request for continuance will be considered upon application therefor by the party or his representative at the time the case is called, and upon showing:
(1) That he has given reasonable notice in writing to all persons who have filed an appearance in the matter, and
(2) that he will be unable to proceed with his evidence at his hearing.
(C) Failure of Applicant to Appear.
(1) The Chairman may entertain a motion from the Zoning Board to dismiss the case for want of prosecution. In the absence of a motion by the Board, the Chair shall rule.
(2) In cases which are dismissed for want of prosecution, the applicant will be furnished written notice by the Secretary of the Board.
(3) The applicant shall have seven (7) days from the date of notice of dismissal to apply for reinstatement of the case. In such cases, the applicant must file written request with the Secretary for reinstatement. Reinstatement shall be at the discretion of the Chairman and for good cause shown, and upon payment of the fee for advertising public notice.
(4) In all cases reinstated in above described manner, the cause shall be docketed and readvertised in the usual manner prescribed for new cases.
SECTION V - PROCEDURES ON APPEALS
(A) An appeal for an interpretation from the Zoning Administrator's decision may be taken by any person aggrieved, officer, department, board, or bureau of the municipality affected by the Zoning Administrator's decision.
(B) An appeal shall be considered only if the action taken by the Zoning Administrator was taken within seven (7) days prior to the filing of the appeal application form with the Zoning Administrator and the Board of Appeals.
(C) The Zoning Administrator shall transmit to the Secretary of the Board all papers constituting the records upon which the action appealed from was taken.
(D) The applicant shall provide all the information required on the appeal application form as well as any additional information that may be required by the Board to aid it in reaching a decision.
(E) Upon receipt of the properly filed appeal application form, the Secretary of the Board shall assign a case number and place it on the calendar of the Board for hearing within sixty (60) days; the sixty-day time limitation may be extended by the Board because of extenuating circumstances such as scheduling the appearance of expert witnesses. Application for appeals shall be assigned for hearing in the order in which they are received; unless circumstances dictate otherwise. Said application may be filed with an accompanying application for a request for variation.
(F) Filing of the appeal application form with the Zoning Administrator and the Board shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board that, by reason of the facts stated in the appeal application, a stay would, in his opinion, cause imminent peril to life or property. In this event, proceedings cannot be stayed other than by a restraining order granted by the Board or by a court of record on application, and on notice to the Zoning Administrator and due cause shown.
SECTION VI - PROCEDURES FOR VARIANCES
(A) A petition for a variance may be taken by any aggrieved person where there may be practical difficulties or particular hardships under the strict letter of the zoning code relating to the use, construction, or alteration of buildings or structures in accordance with the provisions of the Zoning Code.
(B) A petition for a variance shall be considered only upon the filing of an application with the Zoning Administrator and the Board of Appeals.
(C) The applicant shall prove all the information required on the application form as well as any additional information that may be required by the Board to aid it in reaching a decision.
(D) The applicant shall pay a fee, which is specified in the Zoning Code, which amount shall be deposited with the Village for each petition for application filed.
(E) Upon receipt of the properly filed application for a request for a variance and proof of receipt of fee, the Secretary of the Board shall assign a case number and place it on the calendar of the Board for hearing within sixty(60) days; the sixty (60) day time limit may be extended by the Board because of extenuating circumstances such as scheduling of expert witnesses. Application for requests for variations shall be assigned for hearing in the order in which they are received, unless circumstances dictate otherwise. Said application may be filed accompanying a request for an appeal.
SECTION VII - PROCEDURES ON SPECIAL-USE PERMITS
(A) A petition for a Special Use Permit may be taken by any person, firm, corporation or agency in accordance with the Zoning Code.
(B) A petition shall be considered only upon the filing of an application with the Zoning Administrator.
(C) The applicant shall provide all the information required on the petition as well as any additional information that may be required by the Board to aid it in reaching a decision.
(D) The applicant shall pay a fee, which is specified in the Zoning Code which amount shall be deposited with the Village Clerk for each special-use permit request that is filed.
(E) Upon receipt of the properly filed application for request for Special Use Permit and proof of receipt of fee, the Secretary of the Zoning Board shall assign a case number and place it on the calendar of the Zoning Board for hearing within sixty (60) days; the sixty (60) day time limit may be extended by the Board because of extenuating circumstances such as scheduling of expert witnesses. Applications shall be assigned for hearing in the order inwhich they are received; unless circumstances dictate otherwise. The application may be filed accompanying a request for an appeal.
SECTION VIII - NOTICE FOR HEARINGS
(A) The Secretary of the Board shall give duenotice of the place and time for hearing of the appeal application, request for variation, request for a special-use or a request for an amendment to the Code, the parties concerned either in person or by first class mail, not less than fifteen (15) days and not more than thirty (30) days prior to the hearing. Such notice shall state the name and address of the applicant, the name and address of the owner of the property, the location of the property, and a brief statement of the nature of the request. Such notice shall be sent to the property adjacent to the location for which the appeal, variation, special-use or amendment requested. The applicant shall furnish the Board a complete list containing the names and last known addresses of the owners of property required to be served at thetime the application is filed.
(B) The Secretary of the Zoning Board shall provide for a public notice at least once in a newspaper published in the municipality not more than thirty (30) days nor less than fifteen (15) days before the hearing. The notice shall state place of the hearing, the location of the property for which the request for a variance, a special-use permit or an amendment is requested, as well as the statement of the nature of the application. It shallcontain a legal description of the property affected and the common address or its location by distances from the nearest major street or road intersection so that the property can be easily identified.
SECTION IX - PROCEDURES ON HEARINGS
(A) At the time of the hearing, the applicant may appear in his own behalf or be represented bycounsel or agent.
(B) In the event that objectors retain counsel to represent them at a hearing before the Zoning Board, then such counsel shall notify the appellant or applicant, or his agent or attorney that he has been so retained and will be present to object. Such notice shall be delivered to the officers of the Zoning Board and to the appellant or applicant, or his agent or attorney, at least fifteen (15) days prior to the scheduled hearing date. If such notice is not given by counsel retained by the objectors, then the appellant or applicant, or his agent or attorney shall have the option of continuing the hearing to the next regular meeting of the Zoning Board.
(C) All witnesses shall testify under oath.
(D) The applicant or his representative may make a statement outlining the nature of his request prior to introducing evidence.
(E) Evidence shall be presented in the following order:
(1) Chairman may give restatement of case if applicant's or his representative's presentation needs clarification.
(2) Applicant presents evidence.
(3) Board and/or objectors cross-examine applicant's witnesses.
(4) Objectors present evidence.
(5) Board and/or applicant cross-examine objector's evidence.
(6) Rebuttal by applicant.
(7) Rebuttal by objectors.
(8) Evidence by Board.
(F) The Board shall not be bound by the strict rules of evidence, but itmay exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or other evidence.
(G) An applicant or objector, or his agent or attorney may submit a list of the persons favoring or opposing the application. Such list will beaccepted as an exhibit if it contains nothing more than a brief statement of the position of the persons favoring or opposing the appeal of application, together with the signature of the person(s) subscribing to such statement.
(H) The Chairman shall rule on all questions relating to the admissibility of evidence, which may be overruled by a majority of the Zoning Board.
SECTION X - RECOMMENDATION
(A) Final recommendations shallbe made within ten (10) days from the date of thehearing.
(B) The Board shall conduct its vote in public session at the meeting in which evidence is concluded, unless the Zoning Board considers additional time for deliberation necessary.
(C) A concurring vote of four (4) members of the Zoning Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Administrator, or to grant any variance or special-use permit of the Code or to recommend anyamendment in the Code to the corporate authorities. All members, including the Chairman, shall vote unless excused for a conflict of interest.
(D) All decisions of the Zoning Board shall be made at a public meeting by motion made, seconded, and the Chairman polling the membership by a roll call vote. All members shall vote unless excused. The motion which decides the issue shall be in the form of findings of fact and shall state the reasons for the findings by the Board. If conditions are imposed in the granting of a variance or special-use permit, such conditions shall be included in the motion.
(E) The transcript of the case shall be acknowledged as to accuracy by the Chairman and the Secretary and shall be a part of the public record of the Zoning Board.
(F) Notice of the recommendation of the Zoning Board shall be given to the applicant, the Zoning Administrator, the Village Board and other interested parties as soon as possible after the recommendation is reached.
(G) Unless otherwise specified by the Zoning Board, any order or decision of the Zoning Board recommending a variance or special-use permit shall expire if the applicant fails to obtain a building and/or zoning occupancy permit within ninety (90) days from the date the Village Board passes an ordinance approving the Zoning Board’s recommendation.
SECTION XI - RECORDS
(A) A file of materials and decisions relating to each case shall be kept by the Secretary and/or the Zoning Administrator as part of the records of the Zoning Board at the Village Hall.
(B) All records of the Zoning Board shall be a public record.
SECTION XII - AMENDMENT OF RULES
(A) These rules may be amended by an affirmative majority vote of all members of the Zoning Board.
(B) All proposed amendments shall be presented in writing at a regular or special meeting preceding the meeting at which the vote is taken.
The foregoing rules and regulations are hereby adopted by the Board of Appeals of Marissa, Illinois, this day of , 2012.