A. All petitions shall be brought in the name of the record title owner, or the owner or owners of the beneficial interest, individually or through their attorneys or authorized agent. If a contract purchaser or tenant shall be involved, either with or without a contingent right, the contract purchaser or tenant shall be revealed and become a second party to the petition, but such contract purchaser or tenant may not file without the owner.
B. Every appeal which shall be made to the zoning board of appeals shall be initiated in the following manner only:
1. There shall be delivered to the building commissioner a proper petition requesting such hearing and setting forth the facts and details as prescribed by ordinance.
2. There shall be paid to the building commissioner the required filing fee.
3. In the event the location or description in the petition of the property concerned is such as to not be adequately ascertainable, in the opinion of the building commissioner, then a plat of survey, made by a registered Illinois land surveyor, shall be attached to the petition when filed, or shall be presented at the time of the hearing.
4. The petitioner, his attorney or his agent, shall also furnish the building commissioner with the full names and addresses of the persons who have last paid taxes on all property contiguous to or abutting the parcel or parcels concerned in the petition, including such taxpayers of record as may own property across the road, street, or alley which may abut the premises concerned on one or more sides. It shall then be the duty of the building commissioner to send such persons a copy of the publication notice concerning the hearing by certified mail. The petitioner shall furnish the building commissioner with as many copies of the publication notice as shall be required for this purpose.
C. All publication notices shall contain a simple description of the property as to area and location, of such a nature as to enable the ordinary reader to accurately locate such parcel. This description shall be in addition to the required metes and bounds or lot and block description.
D. In the event objectors to any petition shall employ counsel to represent them at the hearing, it shall be the obligation of such counsel to notify the petitioner, his attorney or agent, that he has been so retained and will be present to object. Such notice shall be delivered to the petitioner, his attorney, or agent, not later than four (4) days prior to the scheduled hearing date. Failure of the objector's counsel to give such notice shall give the petitioner, his attorney or agent, the option to postpone the hearing until another day certain.
E. Continuances may be granted on good cause shown and at the discretion of the zoning board of appeals by majority vote.
F. Attorneys may submit a listing of proponents or opponents of the petition, and the same will be accepted as an exhibit. However, such a list shall contain nothing more than the signatures of those for or against the petition, along with a brief statement concerning their position.
G. When the prayer of the petition requests a change in classification only, with no prayer for a variation in the alternative, no evidence concerning type of structure or intended use shall be admitted without the approval of the zoning board of appeals.
H. Evidence concerning the particular use and character of use, including plans, specifications, cost of improvements and duration of use, shall be properly admitted when the petition shall request a variation, or an amendment with an alternate prayer for variation covering such particular use.
I. The public hearing procedure shall be as follows:
1. Call to order.
2. Parties of interest in petition present.
3. Reading of the petition, verification of notice by publication and to abutting owners.
4. Identification and recording of objectors, if any.
5. Presentation of evidence by petitioner.
6. Questions by zoning board of appeals members and by others.
7. Presentation of evidence by objectors.
8. Questions by zoning board of appeals members and by others.
9. Petitioner's closing statement, if desired.
10. Adjournment.
J. Any matter coming before the zoning board of appeals by scheduled hearing may be heard by any three (3) or more members of the said board. Should any less than three (3) members be present, any petitioner or objector, or representative thereof, may request a continuance of the matter in order that it may be heard before three (3) or more members of the zoning board of appeals.
K. The zoning board of appeals shall meet at least once a month for the purpose of voting upon all petitions heard by said board prior to the day of such voting meeting. The concurring vote of five (5) members of the zoning board of appeals shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the appellant any matter upon which it is required to pass under this title, or to effect any variation in this title. Copies of the report of the zoning board of appeals as made to the city council shall be mailed to petitioners, their attorneys or agents, and to the attorney or agent of the objectors, if any. Such copies of the report shall be mailed not less than five (5) days prior to the meeting of the city council at which the recommendation is to be acted upon.
L. Should the zoning board of appeals recommend to the city council that the prayer of the petition be granted, it shall be the obligation of the attorney for the petitioner to prepare a suitable ordinance incorporating the exact findings and recommendations of the zoning board of appeals for submission to the city council in order to effect the amending or variance of the ordinance properly, should the city council accept the recommendation of the zoning board of appeals.
M. The report of the zoning board of appeals shall contain a short summary of the petition, location of the property, and the reasons advanced by the zoning board of appeals for rejecting or approving the prayer of the petition. The report shall also contain the recommendation of the zoning board of appeals, and shall indicate the making of the motion, the seconding thereof, and all votes for or against the motion. Members not voting or absent shall also be recorded.
N. A petition for variation, amendment or special use, which shall have been denied by the zoning board of appeals and the city council, shall not be brought before the zoning board of appeals again until one year shall have passed from the date of the first public hearing, unless the prayer of the petition shall request a different amendment or variation, or some change in circumstances has affected the status of the property in a substantial manner. The petitioner, his attorney or agent, may present to the zoning board of appeals such reason or reasons as he feels should be sufficient to justify a hearing on the plat or parcel within the one year period, and it shall be at the discretion of the said board to allow or disallow such subsequent hearing.
O. The zoning board of appeals may postpone a vote on recommendation on any petition for only one of its voting meetings, but a vote and recommendation upon such petition must be made at the next voting meeting thereafter, unless further delay is with the approval of the petitioner, his attorney or agent. (Ord., 5-13-1968)