There is hereby created and established and shall hereafter be maintained and recognized in and for the village of Annawan a zoning board of appeals, and said board shall be under the jurisdiction of the village board. (Ord. 244, 6-10-2003)

The board shall consist of seven (7) members as stated below:

   A.   The seven (7) members of the board shall be citizens of the village who are not members of the village board. The seven (7) citizen members shall be appointed by the president and approved by the village board. Said members shall serve a term office of five (5) years each from the first village board meeting in April of the year they are appointed or until such time as their successors take office. The term for which each said member is appointed shall be designated in his appointment. At the April village board meeting of each year, the member shall be appointed for a five (5) year term to succeed the member whose term expired in said month.

   B.   Members shall be eligible for reappointment and it is desirable that members rendering good service be reappointed in order that the zoning board of appeals may have the benefit of their experience and that there may be a continuity policy. If any member should during the term of his office die, move from the village, or for any reason be unable to act, the vacancy so created shall be filled in the same manner as an original appointment and shall be for the remainder of the unexpired term. (Ord. 244, 6-10-2003)

All citizen members of the board do not have to take an oath. (Ord. 244, 6-10-2003)

The board shall organize as soon as possible after the appointment and qualification of its members, by the election of one of its members as chairman, said chairman to be elected yearly by a majority of said board members.

All hearings conducted by said board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact and shall also keep records of its hearings and other official actions. Findings of fact shall be included in the minutes of each case, and the reasons for recommending approval or denial of the request shall be specified. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision, or determination of the board shall be filed within ten (10) days in the office of the village clerk and shall be public record. The board shall adopt its own rules and procedures not in conflict with the ordinances or with the Illinois statutes in such case made and provided. (Ord. 244, 6-10-2003)

   A.   Powers And Duties: The powers and duties of the board are:

      1.   To hold public hearings and recommend to the village board approval of conditional use permits.

      2.   To hold public hearings and grant variances and expansions of nonconforming uses.

      3.   To hold public hearings and decide upon requests for determination of the existence of a nonconforming use and request for the extension of a nonconforming use.

      4.   To hear and decide appeals where it is alleged there is an error in an order, requirement, decision, or determination made by the building inspector in the enforcement of the zoning ordinance or the building code and fee schedule.

      5.   To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of passage of the zoning ordinance.

      6.   To interpret the provisions of the zoning ordinances in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts accompanying and made a part of this title where the street layout on the ground varies from the layout as shown on the map aforesaid.

   B.   Granting Variances: The board may grant the following variances:

      1.   Vary the yard regulations where there is an exception or unusual physical condition on a lot, which condition is not generally prevalent in the neighborhood and which condition when related to the yard regulations of this title would prevent a reasonable or sensible arrangement of buildings on the lot. Applicants for a side or rear yard variance must be able to show the distance of the proposed improvement from the lot line by way of lot corner stakes in the neighborhood. Notwithstanding the foregoing, a variance may be granted for the parking or storage of recreational vehicles in side yards. Before granting such a variance, the board shall consider such factors as the closeness of neighboring buildings, adequate light, sunshine and airspace and fire hazard potential.

      2.   Vary the parking regulations where an applicant demonstrated conclusively that the specific use of a building would make unnecessary the parking spaces required by this title, but providing that such a reduction not be more than fifty percent (50%) of the usual requirement.

      3.   Use of premises for public utilities and railroad purposes (other than track right of way) or for radio and television tower or broadcasting station.

      4.   Vary the parking regulations for parking in the R districts for churches, temples, public schools, public libraries, community centers, public parks, and public playgrounds. In the R districts twenty percent (20%) of the required front yard shall be reserved and devoted to permanent landscaping and no off street parking spaces or off street loading spaces shall be permitted within this landscaping area.

   C.   Conditional Use Permits: The zoning board of appeals shall conduct public hearings and make recommendations to the village board upon applications for conditional permits, specifically listed in the district regulations of this title. Conditional uses of areas to be annexed shall be detailed in an annexation agreement. A public hearing on the conditional use and annexation agreement shall be conducted by the planning and review board. In such cases it shall be the planning and review board rather than the zoning board of appeals which shall make recommendations to the village board. No recommendation for a conditional use permit shall be forwarded to the village board within the same week as the public hearing is completed. Before recommending approval of such a conditional use permit, the board shall satisfy itself that the conditional use requested will meet conditions that will, with the board's judgment, ensure that:

      1.   The establishment, maintenance, or operation of a conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.

      2.   The conditional use will not be injurious to the use and enjoyment of the property in the immediate vicinity for the purpose already permitted nor substantially diminish and impair property values within the neighborhood.

      3.   The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property uses permitted in the district.

      4.   Adequate utilities, access roads, drainage, and other necessary facilities will be provided.

      5.   Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestions in the public streets.

      6.   Duration of conditional uses shall be for that period of time as set forth.

   D.   Appeals To The Board: An appeal may be taken to the zoning board of appeals by a person or by an officer, department, board or bureau of the village affected by a decision of the building inspector.

An appeal shall state all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the zoning board of appeals after the notice of appeal has been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the zoning board of appeals or by a court of record on application, on notice to the building inspector, and on due cause shown.

The board shall select a reasonable time and place for the hearing of the appeal and give fifteen (15) days' notice thereof to the parties and shall render a decision on the appeal without unreasonable delay. Any person may appeal and testify at the hearing, either in person or by duly authorized agent or attorney.

   E.   Appeals From Decision Of The Board: Any review of the decisions of the zoning board of appeals shall be subject to the Illinois administrative review act. (Ord. 244, 6-10-2003)

For conditional uses, variances, and extension or expansions of nonconforming uses, or for the determination of the existence of a nonconforming use, the village clerk's office shall:

   A.   Obtain the name of the property owners within a radius of five hundred feet (500') of the property of the stated case and notify each property owner of the public hearing by a letter.

   B.   Have the legal notice published in the official newspaper fifteen (15) days prior to the public hearing.

   C.   Have recorded in the Henry County recorder's office all conditional uses, variances, and expansions of nonconforming uses, including any restrictions thereof.

   D.   Receive a fee of one hundred fifty dollars ($150.00) with applications for conditional uses, variances, and expansions of nonconforming uses. No fee shall be received with applications for other meetings or hearings of the zoning board of appeals. (Ord. 244, 6-10-2003)

The board shall keep full and accurate minutes of its proceedings. The village clerk shall designate a member of his staff to be present to take full and accurate minutes. All records of the board shall be kept at the village hall and shall be open to the public. (Ord. 244, 6-10-2003)

Each citizen member of the board shall serve without compensation for his service. (Ord. 244, 6-10-2003)

No member of the board shall be interested, directly or indirectly, in any contract or job for work, or material or any work for himself or family, or the profits therefrom, or services to be furnished or performed in the carrying out of the Annawan zoning code. (Ord. 244, 6-10-2003)