The Hearing Officer shall have all the powers and duties prescribed by law and by this subchapter, including the following:
(A) Appeals. Upon an appeal from a decision by any administrative official, including but not limited to the Building Official, to decide any question involving the interpretation of any provision or term of the Zoning Code, including the determination of the exact location of any district boundary if there is uncertainty with respect thereto, or other claimed error in the decision or determination made by an aciministrative official in the enforcement of the Zoning Code; provided that such decision shall be bound by and consistent with the language of the ordinance or regulation at issue;
(B) Variances. The Hearing Officer may vary the application of the requirements of the Zoning Code, except for use variances, as provided in this subchapter. The corporate authorities may reserve, by ordinance, any class of variance for approval only by the corporate authorities. In such cases where the City Council has reserved decision making authority, the Hearing Officer shall still conduct a hearing and provide notice in compliance with ILCS Ch. 65, Act 5, § 11-13-6.
(1) Use variances. To hold public hearings for applications for use variances and to forward a written report containing findings of fact and a separate conclusion recommendation thereon to the City Council, consistent with ILCS Ch. 65, Act 5, § 11-13-14.1.C(1), which the City Council may by ordinance without further public hearing adopt any proposed use variance, or the City Council may refer it back to the Hearing Officer for further consideration or deny the use variance request as a final action. For purposes of this section, USE VARIANCES shall be any variation that authorizes any use or classification of use to continue or commence in a zoning district in which that use is not a permitted use by right. Any proposed use variance which fails to receive the approval of the Hearing Officer shall not be approved except by the favorable vote of two-thirds of all Aldermen. No variance shall be granted that shall authorize a use that may be granted by special use or planned use procedures. Use variances are not favored and shall be granted only when failure to authorize the use denies all economically viable use of the property or similar extreme hardship is demonstrated by the evidence presented.
(2) Other authority. To hear and decide all other matters referred to it by the City Council or upon which it is required to pass under applicable ordinance.
(Ord. 2021-08, passed 6-7-2021)