The Zoning Board of Appeals is hereby established in accordance with Illinois law.

State Law reference— 65 ILCS 5/11-13-3.

The Zoning Board of Appeals shall consist of seven (7) members, all of whom shall reside within the City. Each Board member shall be appointed by the Mayor with the advice and consent of the City Council. One (1) of the members so appointed shall be named as chairman at the time of his appointment. Each Board member shall receive compensation as established by the City Council.

Every member of the Zoning Board of Appeals, which was established pursuant to the former Zoning Code shall be entitled to serve on the Zoning Board of Appeals established by this Section until the date his term of office would have expired if the former Zoning Code had remained in effect. Any person appointed to the Zoning Board of Appeals on or after the effective date of this Code shall hold office for five (5) years from the date of his appointment, and until his successor has been selected and qualified.

With the advice and consent of the City Council, the Mayor may remove any member of the Zoning Board of Appeals for cause after a public hearing. Vacancies on the Zoning Board of Appeals shall be filled for the unexpired term of the member whose place has become vacant in the same manner as provided for the appointment of new members.

All meetings of the Zoning Board of Appeals shall be held at the call of the Chairman and at such times 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 Code and the applicable Illinois Statutes. The Board may select such officers as it deems necessary. The Chairman, or in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. Four (4) members of the Board shall constitute a quorum, and the affirmative vote of at least four (4) members shall be necessary to authorize any board action.

The Board shall keep minutes of its proceedings and examinations. These minutes shall indicate the absence of any member, the vote or abstention of each member on each question, and any official action taken. A copy of every rule, special use, variance, amendment, order or decision of the Board shall be filed immediately with the City Clerk and shall be a public record.

Any person aggrieved by any decision or order of the Zoning Administrator in any matter related to the interpretation or enforcement of any provisions of this Code may be made and treated in accordance with Illinois law and the provisions of this Code.

State Law reference— 65 ILCS 5/11-13-12.

Every appeal shall be made within forty-five (45) days of the matter complained of by filing with the Administrator and the Zoning Board of Appeals a written notice specifying the grounds for appeal. Every appeal shall also be filed with the Soil and Water Conservation District as per State law. Not more than five (5) 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. (NOTE: Filing fee required.)

State Law reference— 70 ILCS 405/22.02a.

An appeal stays all further action on the matter being appealed unless the Administrator certifies to the Zoning Board of Appeals after the notice of appeal has been filed with him, 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 Zoning Board of Appeals or the Circuit Court grants a restraining order for due cause and so notifies the Administrator.

The Zoning Board of Appeals shall hold a public hearing on every appeal within a reasonable time 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. Notice indicating the time, date, and place of the hearing, and briefly describing the issue to be decided shall be given not more than thirty (30) days, nor less than fifteen (15) days before the hearing:

(A)

By first-class mail to all parties whose property is adjacent to the lot affected by the appeal; and

(B)

By publication in a newspaper of general circulation within this City.

The Zoning Board of Appeals shall recommend to the City Council for their decision and opinion on the appeal within a reasonable time after the hearing. The Zoning Board of Appeals, in their opinion to the City Council, may recommend to reverse or affirm, wholly or partly, or to modify or amend the decision or order appealed from to the extent and in the manner that they deem appropriate. In so performing their duties, the Zoning Board of Appeals has all the powers of the Administrator.

The City Council shall render a decision on the appeal within a reasonable time after receiving the appropriate records and recommendation of the Zoning Board of Appeals. Without further public hearing, the City Council may uphold the recommendation of the Zoning Board of Appeals or make such other decision as they deem appropriate. In so doing, the City Council has all the powers of the Administrator and Zoning Board of Appeals.

A variance is a relaxation of the requirements of this Code that are 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 Section 40-10-30.

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. The Administrator shall promptly transmit said application, together with any advice he might wish to offer, to the Zoning 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 (NOTE: Filing fee required.):

(A)

Name and address of the applicant;

(B)

Location of the structure/use for which the variance is sought;

(C)

Brief description of adjacent lots, structures, and/or uses;

(D)

Brief description of the problems/circumstances engendering the variance request;

(E)

Brief, but specific, statement, explanation of the desired variance;

(F)

Specific section(s) of this Chapter containing the regulations which, if strictly applied, would cause a serious problem; and

(G)

Any other pertinent information that the Administrator may require.

State Law reference— 70 ILCS 405/22.02a.

The Zoning 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 the nature of the proposed variance shall be given not more than thirty (30), nor less than fifteen (15) days before the hearing:

(A)

By first-class mail to the applicant and to all parties whose property is adjacent to the property affected by the proposed variance; and

(B)

By publication in a newspaper of general circulation within this City.

Within a reasonable time after the public hearing, the Zoning board of Appeals shall submit their advisory report to the City Council. The report shall state the Board of Appeals' recommendation regarding the proposed variance. The Board of Appeals shall not recommend any variance unless, based upon the evidence presented to them, they determine that:

(A)

The proposed variance is consistent with the general purposes of this Code (see Section 40-1-2);

(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/hardship, and allow a reasonable return on the property;

(D)

The plight of the applicant is due to peculiar circumstances not of his own making;

(E)

The peculiar circumstances engendering the variance request are not applicable to other property within the district, and therefore, that a variance would be a more appropriate remedy than an amendment (rezoning); and

(F)

The variance, if granted, will not alter the essential character of the area where the premises in question are located, nor materially frustrate implementation of this municipality's comprehensive plan.

The City Council shall act on every proposed variance at their next regularly scheduled meeting following submission of the advisory report by the Board of Appeals. Without further public hearing, the City Council may approve or disapprove any proposed variance by an ordinance passed by a simple majority vote of all the members then holding office.

This Code 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 or 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 after review and approved by the City Council.

Every applicant for a special use permit shall submit to the Zoning Administrator in narrative and/or graphic form, the items of information enumerated below. The Administrator shall promptly transmit the completed application, together with any comments or recommendation he might have, to the Zoning Board of Appeals (see Section 40-9-7). (NOTE: Filing fee required.)

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 paragraph (A);

(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 uses or structures on adjacent lots;

(E)

Area and dimensions of the site for the proposed structure or use;

(F)

Existing topography of the site and proposed finished grade;

(G)

Existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;

(H)

Height and setbacks of the proposed structure;

(I)

Number and size of the proposed dwelling units, if any;

(J)

Number and location of proposed parking/loading spaces and access ways;

(K)

Identification and location of all existing or proposed utilities, whether public or private; and/or

(L)

Any other pertinent information that the Administrator may require.

The Zoning Board of Appeals shall hold a public hearing on every special use permit application within a reasonable time after the 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 the nature of the proposed special use shall be given not more than thirty (30), nor less than fifteen (15) days before the hearing:

(A)

By first-class mail to the applicant and to all parties whose property is adjacent to the lot line of the proposed special use; and

(B)

By publication in a newspaper published within this City.

Within a reasonable time after the public hearing, the Zoning Board of Appeals shall submit their advisory report to the City. In deciding what their advice should be, the Zoning 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)

Whether the proposed special use is consistent with this municipality's comprehensive plan, if any;

(C)

The effect the proposed special use would have on the value of neighboring property and on this municipality's overall tax base;

(D)

The effect the proposed special use would have on public utilities and on the traffic circulation on nearby streets; and

(E)

Whether there are any facilities near the proposed special use (such as schools or hospitals) that require special protection.

The City Council shall act on every request for a special use permit at their next regularly scheduled meeting following submission of the advisory report by the Zoning Board of Appeals. Without further public hearing, the City Council may approve or disapprove a special use permit by an ordinance passed by a simple majority vote of all members then holding office. In a separate statement accompanying any such ordinance, the City 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.

State Law reference— 65 ILCS 5/11-31-11.

Except as specifically provided otherwise in this Code, no temporary structure shall be used or occupied for any purpose and no land shall be used for any temporary enterprise, whether for profit or not-for-profit, unless a temporary use permit has been obtained. No temporary use permit shall be valid for more than one (1) year unless it is properly renewed. Requests for temporary-use permits shall be treated in substantially the same manner as requests for special use permits. The City Council shall not initially issue any temporary-use permit for a period longer than one (1) year, but they may renew any such permit as they see fit (see Section 40-9-7). (NOTE: Filing fee required.)

The City Council may amend this Code in accordance with State law 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 City Council, the Administrator, the Zoning Board of Appeals, the Plan Commission, or any party in interest.

State Law reference— 65 ILCS 5/11-13-14.

Every proposal to amend this Code 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 State law. The Administrator shall promptly transmit said proposal, together with any comments or recommendations he might wish to make to the Board of Appeals for a public hearing (see Section 40-9-7). (NOTE: Filing fee required.)

The 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 by 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 thirty (30), nor less than fifteen (15) days before the hearing:

(A)

By first-class mail to all parties whose property is adjacent to the property affected by the proposed amendment; and

(B)

By publication in a newspaper of general circulation within this City.

Within a reasonable time after the public hearing, the Board of Appeals shall submit their advisory report to the City Council. The report shall state the recommendations of the Board of Appeals 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 their advisory report findings of fact concerning each of the following matters:

(A)

Existing use and zoning of the property in question;

(B)

Existing uses 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;

(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.

The City Council shall act on every proposed amendment at their next regularly scheduled meeting following submission of the advisory report of the Zoning Board of Appeals. Without further public hearing, the City Council may approve or disapprove 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.

EXCEPTION: The favorable vote of at least two-thirds of all the members of the City Council is required to pass an amendment to this Code when the proposed amendment is opposed, in writing, by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered.

State Law reference— 65 ILCS 5/11-13-14.