A zoning board of appeals that existed on the effective date hereof (as established by ordinance 445 amended), pursuant to 65 Illinois Compiled Statutes 5/11-13-3 is hereby authorized to continue.
A. Membership:
1. Appointment: The zoning board of appeals shall consist of seven (7) members appointed by the president of the village, by and with the consent of the board of trustees of the village.
2. Term Of Office: The members of said board shall serve respectively for the following terms (or until their respective successors are appointed and qualified): one for one year, one for two (2) years, one for three (3) years, one for four (4) years, one for five (5) years, one for six (6) years, and one for seven (7) years, the successor to each member so appointed to serve for a term of five (5) years.
3. Chairman: One of the members of the said board shall be designated by the president of the village as chairman until his successor is appointed. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.
4. Removal; Vacancies: The president of the village shall have the power to remove any member of said board for cause and after a public hearing. Vacancies upon said board shall be filled for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of such member. (Ord. 961, 2-12-1997, eff. 2-22-1997)
5. Compensation: Members shall receive compensation in the amount of seventy five dollars ($75.00) for each monthly meeting attended. (Ord. 1424, 2-14-2007)
6. Elected Officials Excluded: No elected official of the village shall serve as a member of the board.
B. Meetings 1
1. Calling For Meetings: All meetings of the board shall be held at the call of the chairman and at such times as the board may determine.
2. Hearings Open To Public: All hearings conducted by the board shall be open to the public.
3. Secretary; Minutes; Records: The board shall designate a secretary to keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact and who shall also keep records of the board's hearings and other official actions. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision and determination of the board shall be filed immediately in the office of the board and shall be a public record.
4. Rules And Regulations: The board shall adopt its own rules of procedure not in conflict with this title or with the Illinois statutes in such case made and provided.
5. Quorum: The presence of four (4) members shall be necessary to constitute a quorum.
6. Absent Members; Voting: Any absent member who certifies he has read the transcript of the proceedings before the board, held in his absence, may vote upon any question before the board.
C. Powers And Duties: The board shall have the following powers and duties in acting on appeals which come before it:
1. Interpretation: Interpret the provisions of the ordinances in such a way as to carry out the intent and purposes of the plan, as shown upon the official zoning map of the village.
2. Administrative Review: Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of this title.
3. Variances: Recommend variances from the requirements of this title in specific cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of the regulations; provided, however, that such variations therefrom are in harmony with the general purpose and intent of this title, the function of this title is observed, the public safety and welfare are secured and substantial justice is done. In the consideration of the standards of practical difficulties or particular hardship, the board shall require evidence that:
a. The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulation of the district in which it is located;
b. The plight of the owner is due to circumstances that are unique to the property in question; and
c. The variance if granted will not alter the essential character of the locality in which the property in question is located;
and a variation shall be permitted only if the evidence, in the judgment of the board, sustains each of the three (3) conditions enumerated.
4. Conditional Uses: Permit conditional uses as specified in this title.
a. Although the development and execution of this title is based upon the division of the village into districts, within any one of which the use of land and buildings and the bulk and location of buildings and structures as related to the land, are essentially uniform, it is recognized that there are certain uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in such case, of the impact of those uses upon the neighboring lands and upon the public need for the particular use at the particular location. Such uses have been designated in this title as conditional uses.
b. In connection with the granting of a conditional use, the board may:
(1) Permit such deviations from the district regulations as the board deems to be appropriate for the particular site, provided it can be demonstrated that such deviations are necessary to accommodate the conditional use and the board determines that they will not have undue adverse effect on adjacent properties, the neighborhood or the community.
(2) Upon the showing of good cause therefor, enter an order permitting the future extension of a use or building or the future erection of a building on the premises being considered, which order shall not be subject to the one year limitation provided by subsection F of this section, but the board in that order shall specify the maximum period of time for which such conditional use permit shall remain valid. The board shall attach to that order a development plan of the lot which shall show the limits on the lot within which future buildings or building extensions will be permitted and such modifications of the plan of present developments as will be necessary to accommodate the proposed future building or extension of use or building.
5. Other Referrals:
a. Hear and decide or make recommendations on such other appeals or matters as are specifically designated for board action in this title or amendments thereto, including nonconforming uses and special permits as provided herein. (Ord. 961, 2-12-1997, eff. 2-22-1997)
b. In the acting on any appeal, the board shall first determine that granting of the appeal will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the village. The concurring role of four (4) members of the board shall be necessary to reverse any order, requirements, decision or determination of the administrative official, or to decide in favor of the applicant any matter upon which it is authorized by this title to render a decision.
D. Exercise Of Power:
1. In exercising the above powers, the board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the administrative official from whom the appeal is taken.
2. In the granting of a conditional use or variance, the board may impose such conditions and restrictions upon the premises involved as may be considered necessary in the specific case to eliminate or minimize the adverse effects of such use on other property in the vicinity, and to better carry out the intent and purposes of this title. Failure to comply with all the conditions and restrictions imposed in the granting of the variation or conditional use shall constitute a violation of this title.
E. Notice; Hearing: The board shall make no recommendation except in a specific case and after a public hearing conducted by the board. A notice of the time and place of such public hearing shall be published in a newspaper of general circulation in the village at least fifteen (15) days previous to the hearing. Such notice shall contain the address or location of the property for which the variation or other ruling by the board is sought, as well as a brief description of the nature of the appeal.
F. Miscellaneous: Except as specifically provided in this title:
1. No order of the board permitting the erection or alteration of a building shall be valid for a period longer than one year, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
2. No order of the board permitting a use of a building or premises shall be valid for a period longer than one year, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in form and effect if a building permit or said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. (Ord. 961, 2-12-1997, eff. 2-22-1997)
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