Brighton City Zoning Code

APPEALS, VARIANCES

AND FILING FEES

§ 155.145 APPEALS.

Any person aggrieved by any decision or order of the Code Official in any matter related to the interpretation or enforcement of any provision of this chapter may appeal to the Board of Appeals on a prescribed form. Every such appeal shall be made and treated in accordance with state law and the provisions of this section.

(A) Filing, record transmittal. Every appeal shall be made within 45 days of the matter complained of by filing with the Village Clerk and the Board of Appeals a written notice specifying the grounds for appeal. Not more than five working days after the notice of appeal has been filed, the Village Clerk shall transmit to the Board of Appeals and the Code Official all records pertinent to the case.

(B) Stay of further proceedings. An appeal stays all further action on the matter being appealed unless the Code Official certifies to the Board, 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 or the Circuit Court grants a restraining order for due cause, and so notifies the Code Official.

(C) Hearing. The Board of Appeals shall hold a hearing on every appeal not later than 30 days after the filing of the appeal notice. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.

(D) Notice.

(1) Notice of the hearing shall be given not more than 30 nor less than 15 days before the hearing:

(a) By registered or certified mail to the petitioner and to every owner of property adjacent to the premises to which the appeal is requested; and

(b) By publication in a newspaper of general circulation within this municipality.

(2) This notice shall indicate the time, date, and place of the hearing, the particular location for which the appeal is requested and briefly describe the issue to be decided.

(E) Decision by Board of Appeals. The Board shall be required to decide all appeals within 15 days after the final hearing thereon. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as, in its opinion, ought to be made in the premises, and to that end, has all the powers of the officer from whom the appeal is taken. A certified copy of the Board’s decision shall be transmitted to the applicant or appellant and to the Code Official. Such decision shall be binding upon the Code Official and observed by him or her, and he or she shall be required to incorporate the terms and conditions of the same in the zoning certificate to the applicant or appellant whenever a certificate is authorized by the Board. All final administrative decisions of the Board shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, being 735 ILCS 5/3-101 et seq.

(Prior Code, § 10-9-1) (Ord. passed 4-19-1999)

§ 155.146 LOT SIZE/BULK VARIANCES.

(A) Definition. For the purpose of this section, the following definition applies unless the context clearly indicates or requires a different meaning.

LOT SIZE/BULK VARIANCE. A relaxation of the strict application of the lot size and/or bulk requirements applicable to a particular lot or structure.

(B) Application. Every application for a lot size/bulk variance shall be filed with the Village Clerk on a prescribed form. The application shall contain sufficient information to allow the Board to make an informed decision.

(C) Hearing. The Board shall hold a public hearing on any variance application not later than 30 days after its filing. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney.

(D) Notice.

(1) Notice of the public hearing shall be given not more than 30 nor less than 15 days before the hearing:

(a) By registered or certified mail to the applicant and to every owner of property adjacent to the premises for which the variance is requested; and

(b) By publication in a newspaper of general circulation within this municipality.

(2) This notice shall indicate the time, date, and place of the hearing, the particular location for which the variance is requested, and the nature of the proposed variance.

(E) Standards for variance. The Board of Appeals shall not grant any lot size/bulk variances unless they find that the proposed variance is consistent with the general purpose of this chapter. More specifically, the Board shall not recommend nor shall the Board decide upon a variance unless it determines, based upon the evidence presented to it, that:

(1) The property in question cannot yield a reasonable return if the district regulations are strictly applied;

(2) The plight of the applicant is due to peculiar circumstances not of his or her own making; and

(3) The variance, if granted, will not be detrimental to the public health, safety, and welfare.

(F) Decision by Board of Appeals.

(1) The Board of Appeals shall be required to decide all applications within 15 days after the final hearing thereon. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as, in its opinion, ought to be made in the premises, and to that end, has all the powers of the officer from whom the appeal is taken.

(2) A certified copy of the Board’s decision shall be transmitted to the applicant or appellant and to the Code Official. Such decision shall be binding upon the Code Official and observed by him or her, and he or she shall be required to incorporate the terms and conditions of the same in the zoning certificate to the applicant or appellant whenever a certificate is authorized by the Board. The Board 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 Board’s reasons for granting or denying any requested variance.

(G) Unauthorized variances (use variance). Under no circumstances shall the Board of Appeals grant a variance to allow any use that is specifically or by implication prohibited in the district involved. A USE VARIANCE constitutes an amendment to this chapter, and may be obtained only in the manner set forth at § 155.132.

(Prior Code, § 10-9-2) (Ord. passed 4-19-1999)

§ 155.147 FILING FEES.

By resolution, the Village Board shall establish (and may periodically amend) a schedule of filing fees for the various permits and procedures listed in this chapter. Said fees are intended to defray the administrative costs connected with the processing/conducting of such permits or procedures; the fees do not constitute a tax or other revenue-raising device. All such fees shall be paid by the applicant to the village and are nonrefundable. There shall be a fee of $150, plus other applicable fees, mailing, and publication costs. A current schedule of filing fees shall be maintained in the Code Official’s office and on file with the Village Clerk.

(Prior Code, § 10-9-3) (Ord. passed 4-19-1999)

§ 155.999 PENALTY.

Any person who is convicted of a violation of this chapter shall be subject to penalty as provided in § 10.99(A).

(Prior Code, § 10-7-6) (Ord. passed 4-19-1999)

Brighton City Zoning Code

APPEALS, VARIANCES

AND FILING FEES

§ 155.145 APPEALS.

(D) Notice.

(1) Notice of the hearing shall be given not more than 30 nor less than 15 days before the hearing:

(a) By registered or certified mail to the petitioner and to every owner of property adjacent to the premises to which the appeal is requested; and

(b) By publication in a newspaper of general circulation within this municipality.

(2) This notice shall indicate the time, date, and place of the hearing, the particular location for which the appeal is requested and briefly describe the issue to be decided.

(Prior Code, § 10-9-1) (Ord. passed 4-19-1999)

§ 155.146 LOT SIZE/BULK VARIANCES.

(A) Definition. For the purpose of this section, the following definition applies unless the context clearly indicates or requires a different meaning.

LOT SIZE/BULK VARIANCE. A relaxation of the strict application of the lot size and/or bulk requirements applicable to a particular lot or structure.

(D) Notice.

(1) Notice of the public hearing shall be given not more than 30 nor less than 15 days before the hearing:

(a) By registered or certified mail to the applicant and to every owner of property adjacent to the premises for which the variance is requested; and

(b) By publication in a newspaper of general circulation within this municipality.

(2) This notice shall indicate the time, date, and place of the hearing, the particular location for which the variance is requested, and the nature of the proposed variance.

(1) The property in question cannot yield a reasonable return if the district regulations are strictly applied;

(2) The plight of the applicant is due to peculiar circumstances not of his or her own making; and

(3) The variance, if granted, will not be detrimental to the public health, safety, and welfare.

(F) Decision by Board of Appeals.

(Prior Code, § 10-9-2) (Ord. passed 4-19-1999)

§ 155.147 FILING FEES.

(Prior Code, § 10-9-3) (Ord. passed 4-19-1999)

§ 155.999 PENALTY.

Any person who is convicted of a violation of this chapter shall be subject to penalty as provided in § 10.99(A).

(Prior Code, § 10-7-6) (Ord. passed 4-19-1999)

Brighton City Zoning Code

APPEALS, VARIANCES

AND FILING FEES

§ 155.145 APPEALS.

(D) Notice.

(1) Notice of the hearing shall be given not more than 30 nor less than 15 days before the hearing:

(a) By registered or certified mail to the petitioner and to every owner of property adjacent to the premises to which the appeal is requested; and

(b) By publication in a newspaper of general circulation within this municipality.

(2) This notice shall indicate the time, date, and place of the hearing, the particular location for which the appeal is requested and briefly describe the issue to be decided.

(Prior Code, § 10-9-1) (Ord. passed 4-19-1999)

§ 155.146 LOT SIZE/BULK VARIANCES.

(A) Definition. For the purpose of this section, the following definition applies unless the context clearly indicates or requires a different meaning.

LOT SIZE/BULK VARIANCE. A relaxation of the strict application of the lot size and/or bulk requirements applicable to a particular lot or structure.

(D) Notice.

(1) Notice of the public hearing shall be given not more than 30 nor less than 15 days before the hearing:

(a) By registered or certified mail to the applicant and to every owner of property adjacent to the premises for which the variance is requested; and

(b) By publication in a newspaper of general circulation within this municipality.

(2) This notice shall indicate the time, date, and place of the hearing, the particular location for which the variance is requested, and the nature of the proposed variance.

(1) The property in question cannot yield a reasonable return if the district regulations are strictly applied;

(2) The plight of the applicant is due to peculiar circumstances not of his or her own making; and

(3) The variance, if granted, will not be detrimental to the public health, safety, and welfare.

(F) Decision by Board of Appeals.

(Prior Code, § 10-9-2) (Ord. passed 4-19-1999)

§ 155.147 FILING FEES.

(Prior Code, § 10-9-3) (Ord. passed 4-19-1999)

§ 155.999 PENALTY.

Any person who is convicted of a violation of this chapter shall be subject to penalty as provided in § 10.99(A).

(Prior Code, § 10-7-6) (Ord. passed 4-19-1999)