A zoning board of appeals is created. The board shall consist of seven members appointed by the mayor and confirmed by the city council to serve the following terms: two for one year, two for two years, two for three years, with the remaining current member's term expiring April 30, 2005. The successor to each member so appointed shall serve a term of three years. One of the members shall be named as chairman by the mayor, at the time of his/her appointment. The board shall appoint a secretary from its membership and shall prescribe rules for the conduct of its affairs. Such rules shall be approved by the city council. The board shall meet on the second Thursday of each month, commencing at six o'clock p.m., provided that there is business to be addressed by the board.

The zoning board of appeals shall have all the powers and duties prescribed by law and by this title, which are more particularly specified as follows:

1. Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this title, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
2. Special Use Permits. To conduct a hearing on all applications for special use permits for any of the uses for which this title requires the obtaining of such permits from the board of appeals; or for the extension of a building or use as such existed at the time of the passage of the ordinance codified in this title into a contiguous more restrictive district for a distance not exceeding fifty feet; not for any other use or purpose. The zoning board of appeals shall not recommend to the city council that any special use permit be granted by the city council unless the board of appeals finds that:
   1. The use is listed in the title as a special permitted use.
   2. All provisions of the title governing the issuance of such permits are followed exactly.
   3. The board of appeals has the duty of conducting hearings on applications for special permits or special use permits and to make all of the considerations and set forth all the findings in writing as is required for variances, as stated in subsection C of this section. The special permits, uses or special use permits shall be heard before the board of appeals at a public hearing, of which there shall be notice of the time and place of the hearing published at least once, not more than thirty nor less than fifteen days before the hearing, in one or more newspapers published in the city. The board of appeals shall forward their recommendation for such special use permits, special permits, or uses to the city council who shall grant or deny such special use permit, or special permit or temporary special permit, without further public hearing, by ordinance.
3. Variances. To conduct a hearing to vary or adopt the strict application of any requirements of this title, and to recommend to the city council, which shall have final power to determine and approve, variations exercisable by the adoption of ordinances. The city council is to determine and vary the application of any of the requirements of this title in harmony with their general purpose and intent where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of these regulations relating to the use, construction, or alteration of buildings or structures, or the use of land. The board of appeals is to consider, and the city council is to consider, the standards of practical difficulties or particular hardships, and it must be shown to the board of appeals and to the city council, and finding shall be made that:
   1. Can the property in question yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone?
   2. Is the proposed Variance or Special Use unreasonably detrimental to the value of the surrounding properties in the neighborhood in which it is located?
   3. Have adequate utilities, ingress/egress to the site, access roads, drainage and other such necessary facilities been or will be provided?
   4. Can the proposed use be operated in a manner that is not detrimental to the permitted developments and uses in the Zoning District; can it be developed and operated in a matter that is visually compatible with the permitted uses in the surrounding area?
   5. Will the proposed Variation or Special Use, if granted, alter the essential character of the locality?
      
   The recommendation of the board of appeals is to be communicated in writing along with the above-captioned findings to the clerk of the city who shall submit to the city council at the next special or regular meeting. No such variation shall be made, except in a specific case and after a public hearing before the board of appeals of which there shall be a notice of the time and place of the hearing published at least once, not more than thirty nor less than fifteen days before the hearing, in one or more newspapers published in the municipality, or, if not newspapers are published therein, then in one or more newspapers with a general circulation within the municipality. This notice shall contain the particular location for which the variation is requested, as well as a brief statement of what the proposed variation consists. The corporate authorities, by ordinance, without further public hearing, may adopt any proposed variation indicated to it by the board of appeals, or may refer it back to the board of appeals for further consideration, and any proposed variation which fails to receive the approval of the board of appeals shall not be passed by the city council except by the favorable vote of two-thirds of all aldermen. Every variation 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 board of appeals. Findings of fact 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 of the board of appeals or ordinance. Property for which relief has been granted shall not be used in violation of the specific terms of the board of appeal's findings or the findings recited in the ordinance, unless its usage is changed by further findings of fact of the board of appeals and additional ordinances.
4. Rules and Regulations. To adopt such rules and regulations as may be deemed necessary from time to time to carry into effect the provisions of this title.
5. Procedure. The board of appeals shall act in strict accordance with the procedure specified by law and by this title. All appeals and applications made to the board shall be in writing, on forms prescribed by the board. Every appeal or application shall refer to the specific provision of the ordinance involved, and shall set forth exactly the interpretation that is claimed, the use for which the special permit 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 lawful use of any building or land existing at the time of the enactment of the ordinance codified in this title may be continued although such use does not conform with the provisions of this title.

Any structure or portion thereof declared to be unsafe by a proper authority may be restored to a safe condition.

A nonconforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate cost twenty-five percent of the assessed value of the building unless the building is changed to a conforming use.

A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building which existed prior to the enactment of the ordinance codified in this title shall not be deemed the extension of such nonconforming use.

Nothing contained in this chapter shall require any change in plans, construction or designated use of a building the construction of which has begun prior to the enactment of the ordinance codified in this title and which construction remains uncompleted prior to the enactment of the ordinance codified in this title provided such construction shall be completed within one year from date of enactment of the ordinance codified in this title.

No building damaged by fire or other causes to the extent of more than fifty percent of its assessed value shall be repaired or rebuilt except in conformity with the regulations of this title.

Whenever a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with the provisions of this title.

Once changed to a conforming use no building or land shall be permitted to revert to a nonconforming use. A nonconforming use may be changed to a use of the same or higher classification, and when so changed to a higher classification, such use thereafter shall not be changed to a lower classification.

No nonconforming use shall be extended to displace a conforming use.

Whenever the boundaries of a district are changed so as to transfer an area from one district to another district of different classification, the provisions of Sections 17.48.030 through 17.48.110 shall also apply to any nonconforming uses existing therein. Whenever the principal permitted uses of a district are changed so as to transfer the principal permitted uses therein to a special permitted use therein or when the principal permitted uses of a district are changed to another district of different classification, provisions of Sections 17.48.030 through 17.48.110 shall also apply to any nonconforming uses existing therein.

This title shall be enforced by the city clerk and the building and zoning administrator who shall perform such duties in addition to present duties and without additional compensation.

1. No building or structure shall be erected, added to or structurally altered until a permit therefore has been issued by the city clerk or his/her designee. Except upon a written order of the board of appeals, no such building permit, or certificate of occupancy, shall be issued for any building where the construction, addition or alteration of use thereof would be in violation of any of the provisions of this title.
2. There shall be submitted with all applications for building permits two copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building or accessory building to be erected and such other information as may be necessary to determine and provide for the enforcement of this title.
3. One copy of such layout or plat plan shall be returned when approved by the city clerk together with such permit to the applicant upon payment of a fee of one dollar.

1. No land shall be occupied or used and no building hereafter erected or extended shall be used or changed in use until a certificate of occupancy has been issued by the city building and zoning administrator, stating that the building or proposed use thereof complies with the provisions of this title. All commercial buildings will require additional review and written confirmation from the Byron fire protection district of compliance with applicable fire regulations.
2. All certificates of occupancy shall be applied for coincident with the application for a building permit. The certificates shall be issued within ten days after the erection or alteration has been approved as complying with the provisions of this title.
3. No permit for excavation for, or the erection or alteration of or repairs to any building shall be issued until an application has been made for a certificate of occupancy.

1. The city council may from time to time on its own motion, or on petition submitted by a property owner or prospective purchaser of a property, or on recommendation of the plan commission or zoning board of appeals, amend, supplement, repeal or grant a special use or variance consistent with the regulations and provisions of this title.
2. Every such proposed amendment or change whether initiated by the city council or by petition shall be referred to the board of appeals for report thereon resulting from public hearing as provided in Subsection C of this section.
3. The board of appeals, by resolution adopted at a stated meeting, shall fix the time and place of public hearing on the proposed amendments and cause notice to be given not more than thirty days nor less than fifteen days before the hearing by publishing a notice thereof at least once in one or more newspapers published in the city.
4. In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty percent of the frontage proposed to be altered, or by the owners of twenty percent of the frontage immediately adjoining or across an alley therefrom, or by the owners or twenty percent of the frontage directly opposite the frontage proposed to be altered, is filed with the city clerk, the amendment shall not be passed except by a favorable vote of two-thirds of all the aldermen of the city. In such cases, a copy of the written protest shall be served by the protestor or protestors on the applicant for the proposed amendment and a copy upon the applicant's attorneys, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment.
5. Whenever the owners of fifty percent or more of the street frontage in any district or any specified part thereof, present to the city council a petition duly signed and acknowledged, requesting an amendment, supplement, change, modification or repeal of the regulations prescribed for the zoning maps including the district or specified part thereof, it shall be the duty of the city council to hold a public hearing thereon and cause notice thereof to be given in the manner prescribed in subsection C of this section.

Whenever a violation of this title occurs, any person may file a complaint in regard thereto. Such complaints must be in writing and shall be filed with the building and zoning administrator, who shall properly record such complaint and immediately investigate and report thereon.

1. Minimum Fees. The minimum fees for a zoning map amendment, text amendment, variance, and special use permit shall be as set forth in the City of Byron Building Permits and Miscellaneous Fees Schedule, as may be amended from time to time by the City, and paid at the time an application for zoning map amendment, variance or special use is submitted.
   

1. General Provisions.
   1. These rules are supplementary to the provisions of this title as they relate to procedures of the zoning board of appeals.
   2. Any member who has any interest in a matter before the board shall not vote thereon and shall remove himself from any decision making on such matter.
   3. Nothing herein shall be construed to give or grant to the board the power or authority to alter or change the zoning ordinance including the zoning map, which authority is reserved to the city council.
   4. The city attorney shall be consulted in cases where the powers of the board are not clearly defined.
   5. In the event that there is no stenographer or court reporter present at the meeting, the participants (applicants, objectors and/or zoning board of appeal members) shall be given the option of postponing the meeting or proceeding with a recording device or some other manner of sufficiently making a record of the proceedings. If any participant requests a continuance because of the lack of a stenographer or court reporter, the continuance shall be granted. Any proceeding conducted without a stenographer or court reporter shall be approved by a majority vote at the next regularly scheduled meeting of the zoning board of appeals after all the members of the zoning board of appeals have had an opportunity to review a written summary of the record of the proceeding that was conducted without a stenographer or court reporter.
2. Officers and Duties.
   1. The chairman shall supervise the affairs of the zoning board of appeals. He shall preside at all meetings of the board, shall appoint such committees and subcommittees as may be necessary to carry out the purposes of the board, and shall provide for the oath to be administered to all witnesses in cases before the board. The chairman shall be an ex officio member of all committees and subcommittees so appointed.
   2. The acting chairman, in the absence or disability of the chairman, shall perform all the duties and exercise all the powers of the chairman.
   3. The secretary or his/her designee shall record and maintain permanent minutes of the board's proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact; shall keep records of its examinations and other official actions; shall summarize accurately the testimony of those appearing before the board or keep a verbatim transcript of all hearings; shall record the names and addresses of all persons appearing before the board; shall, subject to the board and chairman, conduct the correspondence of the board and have published in a local newspaper public notices of meetings or hearings as required by law and these rules of procedures; shall file the minutes and records in the office of the board, which minutes and records shall be a public record; and shall be the custodian of the files of this Board and keep all records.
3. Meetings.
   1. Regular meetings may be cancelled by the chairman when there are no cases pending. Notification must be given to members, however, not less than twenty-four hours prior to the time set for such meeting.
   2. Special meetings may be called by the chairman at his discretion, or upon the request of two or more members, provided that 48 hours notice is given each member and all requirements of the Illinois Open Meetings Act are complied with.
   3. All meetings shall be open to the public.
   4. A quorum shall consist of four members for any regular or special meeting, and is required for any decision, determination, or official action by the board.
   5. Public hearings may be held by less than a quorum of the board.
   6. Once publication of a meeting agenda has occurred, there shall be no amendments to the agenda.
4. Order of Business.
   1. All meetings of the board shall proceed as follows:
      1. Roll call and declaration of quorum;
      2. Reading and approval of minutes of previous meeting;
      3. Communications;
      4. Reports of committees;
      5. Hearing and cases on agenda;
      6. Unfinished business;
      7. New business;
      8. Adjournment.
   2. Except as otherwise prescribed by these rules, the meetings of the zoning board of appeals may be conducted in accordance with Robert's Rules of Order. If any question arises as to procedure, the ruling of the chair shall be final unless reversed by a vote of at least four members of the board.
   3. Continuances may be granted at the discretion of the board in any case for good cause shown and to any interested party who has entered his appearance as follows:
      1. New Cases (First Time on Agenda). Continuances may be granted upon request.
      2. Continued Cases (All Cases Which Have Previously Appeared on the Agenda of this Board Constitute Continuing Cases). Request for further continuance will be considered upon application therefore by the party or his representative at the time the case is called, and upon showing:
         1. That he has given reasonable notice in writing to all persons who have filed an appearance in the matter; and
         2. That he will be unable to proceed with his evidence at this hearing.
   4. In the event that an applicant fails to appear:
      1. The chairman may entertain a motion from the board to dismiss the case for want of prosecution. In the absence of a motion by the board, the chair shall rule.
      2. In cases which are dismissed for want of prosecution, the applicant will be furnished written notice by the secretary of the board.
      3. The applicant shall have seven days from the date of notice of dismissal to apply for reinstatement of the case. In such cases, applicant must file written request with the secretary for reinstatement. Reinstatement shall be at the discretion of the chairman for good cause shown, and payment of any additional publication fees.
      4. In all cases reinstated in above-described manner, the case will be docketed, noticed and republished in the usual manner prescribed for new cases.
5. Procedures on Hearings.
   1. At the time of the hearing, the applicant may appear in this own behalf or be represented by counsel or agent.
   2. In the event that objectors retain counsel to represent them at a hearing before the board, then such counsel shall notify the applicant, or his agent or attorney, that he has been so retained and will be present to object. Such notice shall be delivered to the offices of the board and to the applicant, or his agent or attorney, at least five business days prior to the scheduled hearing date. If such notice is not given by counsel retained by the objectors, then the applicant, or his agent or attorney, shall have the option of postponing the hearing to the next regular meeting of the board.
   3. All witnesses shall testify under oath.
   4. Evidence shall be presented in the following order:
      1. State purpose of hearing, acknowledge publication, posting of property and written notifications, acknowledge comments received from the city departments and other public agencies.
      2. Presentation of evidence by the petitioner or designated representative(s).
         1. Opening statement;
         2. Testimony by petitioner's witness(es);
         3. Questioning/cross-examination of each witness by the members of the board;
         4. Questioning/cross-examination of each witness by any interested party that has filed an appearance with the board office no later than five business days prior to the hearing;
            Note: This is an opportunity only to question the witness, not to make statements or offer personal testimony.
         5. Close of petitioner's evidence.
      3. Presentation of evidence by the objectors or their representative(s).
         1. Opening statements;
         2. Testimony by objector's witness(es);
         3. Questioning/cross-examination of each witness by the members of the board;
         4. Questioning/cross-examination of each witness by the applicant or any interested party that has filed an appearance with the board office no later than five business days prior to the hearing;
            Note: This is an opportunity only to question the witness, not to make statements or offer personal testimony.
         5. Close of petitioner's evidence.
      4. Presentation of statements by any person attending the hearing.
      5. Closing statements and rebuttal by the petitioner or designated representative, if desired.
      6. Closing statements and rebuttal by the objectors or designated representative, if desired.
      7. Closing of public testimony.
      8. Findings of fact by the board.
      9. Recommendation or decision (where the board's action constitutes a final administrative decision) by the board.
   5. The board shall not be bound by the strict rules of evidence, but it may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or other evidence.
   6. All persons in attendance at public hearing shall have an opportunity to be heard. However, any person who also wishes to appear as an interested party with rights to question/cross-examine others at the hearing must complete and file an appearance form with the secretary of the board at City Hall, 232 W. Second Street, Byron, Illinois, 61010, no later than five business days before the date of the hearing.
   7. The chairman shall rule on all questions relating to the admissibility of evidence, which may be overruled by a majority of the board.
6. Decisions.
   1. Final decision or recommendations shall be made within a reasonable time from the date of the hearing.
   2. The board shall conduct its findings of fact and vote in public session at the meeting in which evidence testimony is concluded, unless the board considers additional time for deliberation necessary.
   3. A concurring vote of four members of the board shall be necessary to reverse any order, requirement, decisions or determination of the zoning administrator and to grant any variation in the ordinance.
   4. All decisions of the board shall be made at a public meeting by motion made, seconded and the chairman polling the membership by a roll call vote. The motion which decides the issue shall be in the form of findings of fact and shall state the reasons for the findings by the board. If conditions are imposed on the granting of a variation, or in the recommending of the granting of a special use by the board, such conditions shall be included in the motion.
   5. The transcript of the case shall be acknowledged as to accuracy by the chairman and the secretary and shall be a part of the public record of the board.
   6. Notice of the decision of the board shall be given to the applicant, and other interested parties as soon as possible after the decision is reached.
7. Records.
   1. A file of materials and decision relating to each case shall be kept by the secretary as part of the records of the board.
   2. All records of the board shall be public record.
8. Amendment of Rules.
   1. These rules may be amended by an affirmative majority vote of all members of the board.
   2. The proposed amendment must be presented in writing at a regular or special meeting preceding the meeting at which the vote is taken.