(A) General. The Hearing Officer shall act in accordance with the procedure specified by law and by the Zoning Code. All appeals and applications to the Hearing Officer shall be in writing. Every appeal or application shall refer to the specific provision of the Zoning Code involved and shall exactly set forth the interpretation that is claimed, the use for which the variance is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. The city may appear by any designated official of the City Council and be heard as a party in interest in any hearing before the Hearing Officer, and the city may appeal any decision of the Hearing Officer to a court of competent jurisdiction.
(B) Applications. All applications for variance shall be charged a fee by the city for filing, processing, postage and public notice in an amount as published in the City Code. Applicants shall provide a list of names and addresses of the owners of record for all properties located within 250 feet of the subject property's boundary. Property owner lists shall be obtained from the County Recorder of the county wherein the subject property is located.
(C) Notice of hearing. No action of the Hearing Officer shall be taken on any variance application until after notice has been given of the hearing. The Hearing Officer shall fix a reasonable time for the hearing of the appeal or application and shall give due notice thereof to the parties and decide the matter within a reasonable time.
(1) Notice of the time, date, and location of such hearing and a brief summary or explanation of the subject matter of the hearing shall be given by publishing at least one notice thereof in a newspaper published in the city, such publication to be made at least 15 days before the public hearings but not more than 30 days before the hearing.
(2) At least 15 days before the public hearing but not more than 30 days before the hearing, the Building Official or designee shall send all property owners on the aforesaid list a written notice by certified mail (return receipt required) or personal delivery. The notice shall state:
(a) The address of the location for which the variance is requested;
(b) The applicant's name and address;
(c) A description of the variance requested;
(d) The date the application was filed; and
(e) Notification of the public hearing with the hearing's date, time and location.
(D) Hearings procedure. All hearings conducted by the Hearing Officer shall be open to the public, held at the call of the Hearing Officer and at such times as he or she may determine. At hearings conducted by the Hearing Officer, the Building Official, or his or her designee, shall provide the Hearing Officer with the factual background of the application, the request sought by the applicant, and the relevant sections of the Zoning Code. At hearings conducted by the Hearing Officer, any interested person may appear in person or by duly authorized agent or attorney. All testimony before the Hearing Officer shall be given under oath. The Hearing Officer shall administer oaths and may compel attendance of witnesses. The Hearing Officer shall keep minutes of his or her proceedings and other official actions. The Hearing Officer shall adopt his or her own rules and procedures, not in conflict with this subchapter or applicable Illinois statutes.
(E) Decision and findings of fact. Every variation decision 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 Hearing Officer. 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. Property for which relief has been granted shall not be used in violation of the specific terms of the findings of fact, as the case may be, unless its authorized use is changed by subsequent variance or ordinance. Every rule, regulation, decision or determination of the Hearing Officer shall immediately be filed with the City Clerk and shall be public record.
(F) Expiration of variance approval. Any construction or use authorized by a variance approval shall substantially commence not later than one year after the date of the decision granting the variance, or such other time as may be specified in the variance approval.
(G) Cost. For any application to the Hearing Officer, a fee shall be charged by the city for processing and public notice in an amount as so published in the City Code as determined from time to time by the City Council. The fee is intended to defray the administrative costs connected with the processing/conducting of this process and procedure, and do not constitute a tax or other revenue-raising device. Any fee paid by the applicant to the city is non-refundable. A current schedule of fees shall be maintained on file with the City Clerk.
(Ord. 2021-08, passed 6-7-2021)