Carrollton City Zoning Code
BOARD OF
APPEALS
§ 159.305 ESTABLISHED.
The Zoning Board of Appeals is hereby established in accordance with state law.
(Prior Code, § 40-10-1)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-3
§ 159.306 MEMBERSHIP, APPOINTMENT, COMPENSATION.
The Zoning Board of Appeals shall consist of seven 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 of the members so appointed shall be named as Chairperson at the time of his or her appointment.
(Prior Code, § 40-10-2)
§ 159.307 TERM OF OFFICE; VACANCIES.
(A) 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 subchapter until the date his or her 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 chapter 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.
(B) 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.
(Prior Code, § 40-10-3)
§ 159.308 MEETING; QUORUM.
All meetings of the Zoning Board of Appeals shall be held at the call of the Chairperson and at such times as the Board may determine. All Board meetings shall be open to the public. The Board may adopt its 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, the Acting Chairperson may administer oaths 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. See § 159.310 of this chapter for vote on decisions of Board.
(Prior Code, § 40-10-4)
§ 159.309 RECORDS.
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, variance, order or decision of the Board shall be filed immediately with the City Clerk and shall be a public record.
(Prior Code, § 40-10-5)
§ 159.310 DECISIONS.
The concurring vote of four members of the Zoning Board of Appeals shall be necessary to grant a variance or special use permit. The order of the Zoning Board of Appeals shall be by written letter and shall contain its findings of fact.
(Prior Code, § 40-10-6)
§ 159.311 PERIOD OF VALIDITY.
No decision granting a variance or special use permit shall be valid for a period longer than 12 months from the date of such decision unless an application for a zoning certificate is obtained within such period and construction, moving, remodeling or reconstruction is started, or an occupancy certificate is obtained and a use is commenced. The Zoning Board of Appeals may grant additional extensions of time not exceeding 180 days, each upon written application made within the initial 12- month period without further notice or hearing, but said right to so extend said time shall not include the right to grant additional relief by expanding the scope of the variation.
(Prior Code, § 40-10-7)
§ 159.312 FINALITY OF DECISIONS OF THE BOARD OF APPEALS.
(A) All decisions of the Zoning Board of Appeals, on appeal or upon application for a variation shall, in all instances, be final administrative determination and shall be subject to review by a court in the manner provided by applicable state statutes.
(B) No applicant shall apply for the same or identical request for a period of one year unless the facts and/or request have substantially changed.
(Prior Code, § 40-10-8)
§ 159.313 OFFICE OF THE SECRETARY OF THE BOARD OF APPEALS.
The Secretary of the Zoning Board of Appeals shall be appointed by the Board to serve until his or her successor is appointed. The Secretary shall record the minutes of the Zoning Board of Appeals’ proceedings and actions, showing the vote of each member upon each question or if absent or failing to vote, indicating such fact. He or she shall perform such other duties as may be assigned from time to time by the Zoning Board of Appeals.
(Prior Code, § 40-10-9)