(A) Variances; hearings and notice. No variation shall be made by the Board of Appeals except in a specific case and after a public hearing before the Board of Appeals of which there shall be a notice of the time and place of the hearing published at least once, not more than 30 nor less than 15 days before the hearing, in one or more newspapers, published in the city. This notice shall contain the particular location for which the variation is requested as well as a brief statement of what the proposed variation consists.
(65 ILCS 5/11-13-6) (1978 Code, § 17.60.040)
(B) Variance; special uses; notice to record owner.
(1) (a) In addition to the notice requirements provided for in division (A) above, an applicant for variation or special use shall, not more than 30 days before filing an application for variation or special use with the Board of Appeals, serve written notice, either in person or by registered mail, return receipt requested, on the owners, as recorded in the office of the County Recorder of Deeds and as appears from the authentic tax records of such county, of all property within 250 feet in each direction of the location for which the variation or special use is requested; provided, the number of feet occupied by all public roads, streets, alleys, and other public ways shall be excluded in computing the 250-foot requirement.
(b) The notice herein required shall contain:
1. The address of the location for which the variation or special use is requested;
2. A brief statement of the nature of the requested variation or special use;
3. The name and address of the legal and beneficial owner of the property for which the variation or special use is requested;
4. A statement that the applicant intends to file an application for variation or special use; and
5. The approximate date on which the application will be filed.
(2) If, after a bona fide effort to determine such address by the applicant for variation or special use, the owner of the property on which the notice is served cannot be found at his or her last known address, or the mailed notice is returned because the owner cannot be found at the last known address, the notice requirements of this section shall be deemed satisfied.
(3) In addition to serving the notice required in this section, at the time of filing application for variation or special use, the applicant shall furnish to the Board of Appeals:
(a) A complete list containing the names and last known addresses of the owners of the property required to be served;
(b) The method of service;
(c) The names and last known addresses of the owners of the service;
(d) The names and addresses of the persons so served; and
(e) A written statement certifying that he or she has complied with the requirements of this section.
(4) The Board of Appeals shall hear no application for variation or special use unless the applicant for variation or special use furnishes the list and certificate required in this section.
(5) The Board of Appeals shall, not more than 30 days nor less than 15 days before the hearing at which the application for variation or special use is to be considered, send written notice to the persons appearing on the list furnished by the applicant, which notice shall contain:
(a) The time and place of the hearing;
(b) The address of the location for which the variation or special use is requested;
(c) The name and address of the applicant for variation or special use; and
(d) A brief statement of the nature of the variation or special use requested.
(6) (a) Any property owner within the above stated 250 feet notice requirement, who entered his or her appearance and objected at the Board of Appeals hearing, and who shows that his or her property will be substantially affected by the outcome of the decision of the Board may, without proof of any specific, special, or unique damages to himself or herself or his or her property or any adverse effect upon his or her property from the proposed variation or special use, seek judicial relief from any order or decision of the Board of Appeals under the Administrative Procedure Act, 5 ILCS 110/1-1 et seq., and all amendments and modifications thereof, and the rules adopted pursuant thereto.
(b) If the Board of Appeals determines that the property of any such owner will not be substantially affected by the outcome of the decision of the Board, such owner may initiate or join in judicial review under the Administrative Procedure Act, 5 ILCS 110/1-1 et seq., as provided in this section.
(65 ILCS 5/11-13-7) (1978 Code, § 17.60.050)
(C) Variances; special uses; rights of applicants and property owners.
(1) Zoning variances and special use applicants and property owners, as set forth in division (B) above, shall have the following rights, in addition to any others they may possess in law, at any hearing before a Board of Appeals.
(a) 1. To have subpoenas issued for persons to appear at Board of Appeals hearings and for examination of documents by the person requesting the subpoena either before or at Board of Appeals hearing subject to the limitations in this section. The Board of Appeals shall issue subpoenas as requested by zoning variation and special use applicants and by property owners within the terms of division (B) above.
2. Subpoenas shall only be enforceable against persons or for documents which have a substantial evidentiary connection with:
a. The property for which a zoning variation or special use is requested;
b. Facts which would support or negate the requisite legal standards for granting a zoning variation or special use; and
c. Facts which support or negate the conclusion that property within the 250 feet notice requirement of division (B) above will be substantially affected by the outcome of the decision of the Board.
3. All matters relating to subpoenas concerning a particular zoning variation or special use case, including all enforcement and motions to quash, shall be heard in a single action, however, the court obtaining jurisdiction over any such matter may retain jurisdiction until the disposition of the case by the Board of Appeals. Service of such subpoenas shall be made in the same manner as summons in a civil action.
(b) To cross examine all witnesses testifying; and
(c) To present witnesses on their behalf.
(2) Property owners within the terms of division (B) above who object to the zoning application or special use application may, upon request, be granted one continuance for the purpose of presenting evidence to rebut testimony given by the applicant. The date of such continued hearing shall be in the discretion of the Board of Appeals.
(65 ILCS 5/11-13-7a) (1978 Code, § 17.60.060)
(D) Variance or special use; findings of facts; terms of relief.
(1) Every variation of special use made by the Board of Appeals shall be accompanied by findings of facts and shall refer to any exhibits containing plans and specifications for the proposed use or variation, which shall remain a part of the permanent records of the Board of Appeals
(2) The findings of facts shall specify the reason or reasons for making the variation. The terms of the relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact of the Board of Appeals. Property for which relief has been granted shall not be used in violation of the specific terms of the Board of Appeals’ findings of fact, unless its usage is changed by further findings of fact of a Board of Appeals.
(65 ILCS 5/11-13-11) (1978 Code, § 17.60.070)
(Ord. 94-7 passed - -1994)