(A) General.
(1) The Zoning Board of Appeals, as established under the applicable provisions of the State Revised Statutes, is the Zoning Board of Appeals referred to in this chapter. The Zoning Board of Appeals shall consist of five members and two alternate members appointed by the Chairperson of the County Board and approved by the County Board to serve respectively for the following terms: one for one year, one for two years, one for three years, one for four years and one for five years, the successor to each member so appointed to serve for a term of five years, and the alternate members to serve respectively, one for four years and one for five years. Alternate members shall serve as members of the Board only in the absence of regular members, with the alternate member with the greatest amount of time remaining in his or her term to have priority over the alternate member in determining which alternate member shall serve in the absence of a regular member. One of the members so appointed shall be named as Chairperson at the time of his or her appointment, and in case of a vacancy the appointing power shall designate a Chairperson.
(2) No person who resides in any congressional township wherein an incumbent member of the Zoning Board of Appeals resides may be appointed a member of the same Zoning Board of Appeals to serve during any part of the term of office during which such incumbent member residing in said township continues to serve, and all members of the Zoning Board of Appeals thereafter created shall be residents of separate congressional townships at the time of their appointments. The appointing authority shall have the power to remove any member of the Board for cause after public hearing. Vacancies shall be filled by the appointing authority for the unexpired term of any member whose place has become vacant.
(B) Jurisdiction. The Zoning Board of Appeals is hereby vested with the following jurisdiction and authority:
(1) To hear all applications for amendments to this chapter and report their findings and recommendations to the County Board in the manner prescribed in this chapter;
(2) Receive from the Administrative Officer his or her recommendations as related to the effectiveness of this chapter and report its conclusions and recommendations to the County Board not less frequently than once a year;
(3) To hear and decide appeals from any order, requirement, decision, or determination made by the Administrative Officer under this chapter;
(4) To hear and pass upon the applications for variances from the terms provided in this chapter in the manner prescribed and subject to the standards established herein;
(5) To hear and pass on all applications for special uses in the manner prescribed in this chapter; and
(6) To hear, interpret, and decide all matters referred to it or upon which it is required to pass under this chapter.
(C) Meetings and rules. All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such times as the Zoning Board of Appeals may determine. All hearings conducted by said Board shall be open to the public. Any person may appear and testify at the hearing either in person or by duly authorized agent or attorney. The Chairperson, or in his or her absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses. The Zoning Board of Appeals shall 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 shall also keep records of its hearings and other official actions. A copy of every rule, regulation, order, requirement, decision, or determination of the Zoning Board of Appeals shall be filed immediately in the office of the Administrative Officer and shall be a public record. The Board shall adopt its own rules and procedures not in conflict with this chapter or with the applicable State Revised Statutes, and select or appoint such officers as it deems necessary.
(D) The hearing procedure. The following rules for the Zoning Board of Appeals have been duly adopted by the County Board to govern the general procedures by which Zoning Board of Appeals hearings are conducted. These rules apply in instances where administrative or quasi-judicial action is to be taken, not legislative or policy acts.
(1) All hearings of the public body shall be subject to the State Open Meetings Act.
(2) The Chairperson may impose reasonable limitations on evidence or testimony presented by persons and parties, such as time limits and barring the repetitious, irrelevant, or immaterial testimony. Time limits, if imposed, shall be fair and equally administered. The public body shall not be bound by strict rules of evidence; however, the irrelevant and immaterial or unduly repetitious evidence shall not be admissible. The Chairperson shall rule on all questions related to the determination of the qualification of a party as an “interested party” (see division (D)(7) below) and admissibility of evidence, which ruling may be overruled by a majority of the public body in attendance. The Chairperson may impose reasonable conditions on the hearing process based on the following factors:
(a) The complexity of the issue(s);
(b) Whether the witness possesses special expertise;
(c) Whether the testimony reflects a matter of taste or personal opinion, or concerns a disputed issue of fact;
(d) The degree to which the witnesses’ testimony relates to the factors to be considered in approving or denying the proposal; and
(e) Such other factors appropriate for the hearing.
(3) The Chairperson may take such actions as are required to maintain a fair and orderly hearing.
(4) A record of the proceedings shall be made as directed by the public body.
(5) At a public hearing a petitioner may appear on his or her own behalf or may be represented by an attorney.
(6) In addition to the petitioner, any person may appear and participate at the hearing.
(7) If the notice of the pending public hearing so provides, persons wishing to appear as interested parties with the right of cross-examination shall identify themselves as such by completing and filing an appearance with the Zoning and Building office at the County Building no later than five business days before the date of the meeting on appearance forms available from the County Zoning Building office during regular business hours, and the Chairperson shall determine if such persons are interested parties based on the degree of impact the issue(s) has/have on such person. The Chairperson shall qualify someone as an interested party based on the following guidelines, although it is recognized that there may be other relevant factors considered or that the public body may overrule the Chairperson by a majority vote of those in attendance:
(a) Those persons designated by statute or ordinance who received a notice of the public hearing via the postal service;
(b) Persons who have a direct property or economic interest; and
(c) Representatives of a duly organized group with a specific interest in a subject issue such as a neighborhood association, environmental organization, or those with an interest in a specific public policy issue as it relates to the subject of the public hearing.
(8) To avoid repetition, the Chairperson may require that people with a similar interest in the proceeding select among themselves a spokesperson to present their position.
(9) The Chairperson may determine the order of presentation of evidence, which shall generally be as follows:
(a) Presentation by staff of its written report, if any, oral presentation of additional or conflicting information, if any, and questions from the public body of staff regarding said report and additional comments;
(b) Testimony and other evidence by the petitioner;
(c) The public body examination of the petitioner’s witnesses and other evidence;
(d) Cross-examination of the petitioner’s witnesses and other evidence by interested parties; and
(e) Testimony and other evidence by interested parties according to the following sequence:
1. Proponents.
a. Present testimony and other evidence;
b. Questions from the public body; and
c. Cross-examination by interested parties.
2. Opponents.
a. Present testimony and other evidence;
b. Questions from the public body; and
c. Cross-examination by interested parties.
3. Other.
a. Present testimony and other evidence;
b. Questions from the public body; and
c. Cross-examination by interested parties.
(f) Statements by persons who have not qualified as interested parties according to the following sequence:
1. Proponents.
a. Comments or questions; and
b. Questions from the public body.
2. Opponents.
a. Comments or questions; and
b. Questions from the public body.
3. Other.
a. Comments or questions; and
b. Questions from the public body (the Chairperson shall determine if cross-examination of any of the persons speaking during this phase of the public hearing is appropriate).
(g) Closing/rebuttal by petitioner.
(10) At the conclusion of an evidentiary portion of the public hearing, the Zoning Board of Appeals may, among other actions, act on the proposal, move to deliberate its decision on the evidence presented, or continue the hearing to a date, time, and location certain, or pursuant to, further notice.
(11) These rules for public hearing may be amended by a vote of a majority of the public body (rules can be amended during the public hearing based on circumstances, ruling by the Chairperson, and which ruling may be over ruled by a majority of the public body in attendance).
(E) Finality of decision of the Zoning Board of Appeals. All decisions and findings of the Zoning Board of Appeals on appeals or variances after a hearing shall, in all instances, be the final administrative decisions and shall be subject to judicial review as may be provided by law.
(Ord. passed 5-16-2023)