(A) Board of Appeals. The city’s Zoning Board of Appeals is hereby established in accordance with state law (see 65 ILCS 5/11-13-3).
(1) Membership, appointment, compensation. The Board of Appeals shall consist of seven members. Each Board member shall be appointed by the Mayor with the advice and consent of the City Council. One of the members so appointed shall be named as Chairperson at the time of his or her appointment. Each Board member shall receive for his or her services $25 per meeting. The Council may amend the compensation of the members of the Zoning Board of Appeals from time to time.
(2) Term of office, vacancies. Each Board member shall hold office for five years from the date of his or her appointment, and until his or her successor has been selected and qualified; provided, however, that the initial appointees to the Board shall serve respectively for the following terms: one for one year, one for two years, one for three years, one for four years, one for five years, one for six years and one for seven years. With the advice and consent of the City Council, the Mayor may remove any member on the Board of Appeals for cause, after a public hearing. Vacancies on the Board shall be filled for the unexpired terms of the member whose place has become vacant in the same manner as provided for the appointment of new members.
(3) Meetings, quorum. All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such time as the Board may determine. All board meetings shall be open to the public. The Board may adopt their own rules of meeting procedures consistent with this chapter and the applicable state statutes. The Board may select such officers as it deems necessary. The Chairperson, or in his or her absence an Acting Chairman, may administer paths and compel the attendance of witnesses. Four members of the Board shall constitute a quorum, and the affirmative vote of at least four members shall be necessary to authorize any Board action.
(4) Records. The Board shall keep minutes of its proceedings and examinations. These minutes shall indicate the presence or absence of members, the vote, including abstentions, of each member on each question, and any official action taken. A copy of every rule, variance, order or decision of the Board shall be filed with the City Clerk and shall be of public record.
(B) Special use permits. This chapter divides the city into various districts, and permits in each district as a matter of right only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation, and other factors. Such “special uses” require careful case-by-case review and may be allowed only by permission of the City Council.
(1) Application. Every applicant for a special use permit shall submit to the Administrator, in narrative and/or graphic form, the items of information enumerated below. The Administrator shall prepare an advisory report on every request for a special use permit. He or she shall promptly transmit the completed application and his or her advisory report to the Board of Appeals. A filing fee is required and is presented on the schedule of fees which may be amended from time to time by the City Council. Application forms will be made available by the City Clerk. Items of information:
(a) Name and address of the applicant;
(b) Name and address of the owner or operator of the proposed structure or use, if different from division (B)(1)(a) above;
(c) Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees and similar matters;
(d) Location of the proposed use or structure, and its relationship to existing adjacent uses or structures;
(e) Area and dimensions of the site for the proposed structure or uses;
(f) Existing topography of the site (USGS ten-foot contour data is acceptable), and proposed finished grade;
(g) Height and setbacks of the proposed structure;
(h) Number and size of proposed dwelling units, if any;
(i) Location and number of proposed parking/loading spaces and access ways;
(j) Identification and location of all existing or proposed utilities, whether public or private; and/or
(k) Any other pertinent information that the Administrator may require.
(2) Public hearing, notice. The Board of Appeals shall hold a public hearing on every special use permit application within a reasonable time after said application is submitted to them. The applicant for a special use permit shall provide a list of names and addresses of the parties whose property abuts the proposed special use. The Chairperson of the Board of Appeals shall have the responsibility of scheduling the public hearings and sending out notices to that effect. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of hearing, and the nature of the proposed special use shall be given not more than 30 nor less than 15 days before the hearing;
(a) By first class mail to the applicant and to all parties whose property abuts the proposed special use; and
(b) By publication in a newspaper of general circulation within the city.
(3) Advisory report, factors considered. Within a reasonable time after the public hearing, the Zoning Board of Appeals shall submit their advisory report to the Council. In deciding what its advice should be, the Board of Appeals shall consider the following factors:
(a) Whether the proposed design, location and manner of operation of the proposed special use will adequately protect the public health, safety and welfare, and the physical environment;
(b) The effect the proposed special use would have on the value of neighboring property and on the city’s overall tax base;
(c) The effect the proposed special use would have on public utilities and on traffic circulation on nearby streets; and
(d) Whether there are any facilities near the proposed special use (such as schools or hospitals) that require special protection.
(4) Action by Council. The Council shall act on every request for special use permits at their regularly scheduled meeting following submission of the Board of Appeals’ advisory report. Without further public hearing, the Council may grant a special use permit by simple majority vote of all members then holding office. In a separate statement accompanying the permit, the Council shall state their findings of fact, and indicate their reasons for approving (with or without conditions) or denying the request for a special use permit.
(5) Duration. A special use permit may be issued for a period up to eight years and may be extended by the same process for subsequent ten-year periods.
(C) Temporary use permits. Requests for temporary use permits shall be treated in substantially the same manner as requests for special use permits. The Council shall not initially issue any temporary use permit for a period longer than one year, but they may renew any such permit as it sees fit.
(D) Amendments.
(1) Amendments. The Council may amend this chapter in accordance with state law (65 ILCS 5/11-13-14) and the provisions of this section. Proposed alterations of district boundaries or proposed changes in the status of uses (permitted, special, prohibited) shall be deemed proposed amendments. Amendments may be proposed by the Council, Administrator, the Board of Appeals or any party in interest.
(2) Filing. Every proposal to amend this chapter shall be filed with the Administrator on a prescribed form. (Every amendment proposal shall also be filed with the Soil and Water Conservation District as per 70 ILCS 405/22.02a) The Administrator shall promptly transmit said proposal together with any comments or recommendations he may wish to make, to the Board of Appeals who will conduct a public hearing. A filing fee is required.
(3) Public hearing, notice. The Zoning Board of Appeals shall hold a public hearing on every amendment proposal within a reasonable time after said proposal has been submitted to them. At the hearing, any interested party may appear and testify, either in person or duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and the nature of the proposed amendment shall be given not more than 30 nor less than 15 days before the hearing:
(a) By publication in a newspaper of general circulation within the city; and
(b) When the amendment involves a rezoning, not a text amendment; by first class mail to all parties whose property abuts the property(ies) for which rezoning is requested.
(4) Advisory report, findings of fact. Within a reasonable time after the public hearing, the Board of Appeals shall submit its advisory report to the Council. The report shall state the Board of Appeals recommendations regarding adoption of the proposed amendment, and their reasons therefor. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the Board of Appeals shall include in its advisory report findings of fact concerning each of the following matters:
(a) Existing use(s) and zoning of the property in question;
(b) Existing use(s) and zoning of other lots in the vicinity of the property in question;
(c) Suitability of the property in question for uses already permitted under existing regulations;
(d) Suitability of the property in question for the proposed use; and
(e) The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since the property was initially zoned or last rezoned.
(5) Action by Council. The Council shall act on every proposed amendment at their next regularly scheduled meeting following submission of the Board of Appeals’ Advisory Report. Without further public hearing the Council may pass any proposed amendment or may refer it back to the Board of Appeals for further consideration by simple majority vote of all the members then holding office.
(6) Exception. The favorable vote of at least two-thirds of all the members of the Council is required to pass an amendment to this chapter when the proposed amendment is opposed, in writing, by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered (65 ILCS 5/11-13-14).
(E) Appeals. Any person aggrieved by any decision or order of the Administrator in any matter related to the interpretation or enforcement of any provision of this chapter may appeal to the Board of Appeals. Every such appeal shall be made and treated in accordance with state law (65 ILCS 5/11-13-14) and the provisions of this section.
(1) Filing, record transmittal. Every appeal shall be made within 45 days of the matter complained of by filing with the Administrator and the Board of Appeals a written notice specifying the grounds for appeal. (Every appeal shall also be filed with the Soil and Water District as per state law (70 ILCS 405/22.02a). Not more than five working days after the notice of appeal has been filed, the Administrator shall transmit to the Board of Appeals all records pertinent to the case. A filing fee is required.
(2) Stay of further proceedings. An appeal stays all further action on the matter being appealed unless the Administrator certifies to the Board of Appeals, after the notice of appeal has been filed with him or her, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the Board of Appeals or the Circuit Court grants a restraining order for due cause, and so notifies the Administrator.
(3) Public hearing, notice. The Board of Appeals shall hold a public hearing on every appeal within a reasonable time after the filing of the appeal. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and briefly describing the issue to be decided shall be given not more than 30 nor less than 15 days before the hearing:
(a) By first class mail to the applicant and to all parties whose property abuts the property affected by the appeal; and
(b) By publication in a newspaper of general circulation within the city.
(4) Advisory report, decision by Council. Within a reasonable time after the public hearing, the Board of Appeals shall submit an advisory report to the Council. The Council shall make the final decision on the appeal at its next regularly scheduled meeting following submission of said report. The Council, by an ordinance passed by simple majority vote of all members then holding office, may reverse or affirm, wholly or partly, or may modify or amend the decision or order appealed from to the extent and in the manner that they deem appropriate.
(F) Variances. A variance is a relaxation of the requirements of this chapter that is applicable to a particular lot, structure or use. A so-called “use variance” (which would allow a use that is neither permitted nor special in the district in question) is not a variance; it is an amendment, and may be granted only as provided for in division (D) above.
(1) Application. Every application for a variance shall be filed with the Administrator on a prescribed form. (Every variance application shall also be filed with the Soil and Water Conservation District as per state law (70 ILCS 405/22.02a). The Administrator shall promptly transmit said application, together with any advice he or she might wish to offer, to the Board of Appeals. The application shall contain sufficient information to allow the Board to make an informed decision, and shall include, at a minimum, the following:
(a) Name and address of the applicant;
(b) Brief description/explanation of the requested variance;
(c) Location of the structure/use for which the variance is sought;
(d) Relationship of said structure/use to existing structures/uses on adjacent lots;
(e) Specific section(s) of this chapter containing the regulations which, if strictly applied, would cause a serious problem; and
(f) Any other pertinent information that the Administrator may require. A filing fee is required.
(2) Public hearing, notice. The Board of Appeals shall hold a public hearing on each variance request within a reasonable time after the variance application is submitted to them. At the hearing, any interested party may appear and testify either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and nature of the proposed variance shall be given not more than 30, nor less than 15 days before the hearing:
(a) By first class mail to the applicant and to all parties whose property abuts the property for which the variance is requested; and
(b) By publication in a newspaper of general circulation within the city.
(3) Standards for variance. The Board of Appeals shall not recommend nor shall the Council grant any variance unless, based upon the evidence presented to it, it determines that:
(a) The proposed variance is consistent with the general purposes of this chapter;
(b) Strict application of the district requirements would result in great practical difficulties or hardship to the applicant, and prevent a reasonable return on the property;
(c) The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardships, and allow a reasonable return on the property;
(d) The peculiar circumstances engendering the variance request are not applicable to other property within the district, and therefore, that variance would be more appropriately a remedy than an amendment (rezoning); and
(e) The variance, if granted, will not alter the essential character of the area where the premises in question are located.
(4) Advisory report, decision by Council. Within a reasonable time after the public hearing, the Board of Appeals shall submit an advisory report to the Council. The Council may grant a variance by simple majority vote of all members then holding office, shall act on the requested variance at its next regularly scheduled meeting following submission of the Board of Appeals’ Advisory Report. In accordance with state law (65 ILCS 5/11-13-14), the Council shall specify the terms of relief granted (if any) in one statement and its findings of fact in another statement. The findings of fact shall clearly indicate the Council’s reasons for granting or denying any requested variance.
(1975 Code, § 32-XIV) (Ord. 18-07, passed 7-18-2018)