Carrollton City Zoning Code

VARIANCES

§ 159.340 DEFINITION.

(A) A VARIANCE is a relaxation of the requirements of this chapter that are applicable to a particular lot, structure or use.

(B) 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 § 159.370 of this chapter.

(Prior Code, § 40-10-18)

§ 159.341 APPLICATION.

(A) 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 device he or she might wish to offer, to the Zoning Board of Appeals.

(B) The application shall contain sufficient information to allow the Zoning Board of Appeals to make an informed decision and shall include, at a minimum, the following: (Note: a filing fee is required.)

(1) Name and address of the applicant;

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

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

(4) Brief description of the problems/circumstances engendering the variance request;

(5) Brief, but specific, statement, explanation of the desired variance;

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

(7) Any other pertinent information that the Administrator may require.

(Prior Code, § 40-10-19)

Statutory reference:

Related provisions, see 70 ILCS 405/22.02(a)

§ 159.342 PUBLIC HEARING, NOTICE.

(A) 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 it. At the hearing any interested party may appear and testify either in person or by duly authorized agent or attorney.

(B) Notice indicating the time, date and place of the hearing and the nature of the proposed variance shall be given not more than 30, nor less than 15, days before the hearing:

(1) By first-class mail to the applicant and to all parties whose property is within 250 feet of the property affected by the proposed variance; and

(2) By publication in a newspaper of general circulation within the city.

(Prior Code, § 40-10-20)

§ 159.343 STANDARDS FOR VARIANCES.

(A) The Zoning Board of Appeals shall not grant any variance unless, based upon the evidence presented to it, it determines that:

(1) The proposed variance is consistent with the general purposes of this chapter (see § 159.002 of this chapter);

(2) 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;

(3) The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship, and allow a reasonable return on the property;

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

(5) 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

(6) 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 the municipality’s comprehensive plan.

(B) The Zoning Board of Appeals may impose such conditions and restrictions upon the location, construction, design and use of the property benefitted by a variation as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property and property values.

(Prior Code, § 40-10-21)

§ 159.344 TERMS OF RELIEF; FINDINGS OF FACT.

(A) The Zoning Board of Appeals shall decide on every variance request within a reasonable time after the public hearing.

(B) In accordance with state law (65 ILCS 5/11-13-11), the Zoning Board of Appeals shall specify the terms of relief recommended, if any, in one statement and its findings of fact in another statement.

(C) The findings of fact shall clearly indicate the Zoning Board of Appeals’ reasons for granting or denying any requested variance.

(Prior Code, § 40-10-22)

Carrollton City Zoning Code

VARIANCES

§ 159.340 DEFINITION.

(A) A VARIANCE is a relaxation of the requirements of this chapter that are applicable to a particular lot, structure or use.

(Prior Code, § 40-10-18)

§ 159.341 APPLICATION.

(1) Name and address of the applicant;

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

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

(4) Brief description of the problems/circumstances engendering the variance request;

(5) Brief, but specific, statement, explanation of the desired variance;

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

(7) Any other pertinent information that the Administrator may require.

(Prior Code, § 40-10-19)

Statutory reference:

Related provisions, see 70 ILCS 405/22.02(a)

§ 159.342 PUBLIC HEARING, NOTICE.

(B) Notice indicating the time, date and place of the hearing and the nature of the proposed variance shall be given not more than 30, nor less than 15, days before the hearing:

(1) By first-class mail to the applicant and to all parties whose property is within 250 feet of the property affected by the proposed variance; and

(2) By publication in a newspaper of general circulation within the city.

(Prior Code, § 40-10-20)

§ 159.343 STANDARDS FOR VARIANCES.

(A) The Zoning Board of Appeals shall not grant any variance unless, based upon the evidence presented to it, it determines that:

(1) The proposed variance is consistent with the general purposes of this chapter (see § 159.002 of this chapter);

(2) 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;

(3) The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship, and allow a reasonable return on the property;

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

(Prior Code, § 40-10-21)

§ 159.344 TERMS OF RELIEF; FINDINGS OF FACT.

(A) The Zoning Board of Appeals shall decide on every variance request within a reasonable time after the public hearing.

(C) The findings of fact shall clearly indicate the Zoning Board of Appeals’ reasons for granting or denying any requested variance.

(Prior Code, § 40-10-22)

Carrollton City Zoning Code

VARIANCES

§ 159.340 DEFINITION.

(A) A VARIANCE is a relaxation of the requirements of this chapter that are applicable to a particular lot, structure or use.

(Prior Code, § 40-10-18)

§ 159.341 APPLICATION.

(1) Name and address of the applicant;

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

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

(4) Brief description of the problems/circumstances engendering the variance request;

(5) Brief, but specific, statement, explanation of the desired variance;

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

(7) Any other pertinent information that the Administrator may require.

(Prior Code, § 40-10-19)

Statutory reference:

Related provisions, see 70 ILCS 405/22.02(a)

§ 159.342 PUBLIC HEARING, NOTICE.

(B) Notice indicating the time, date and place of the hearing and the nature of the proposed variance shall be given not more than 30, nor less than 15, days before the hearing:

(1) By first-class mail to the applicant and to all parties whose property is within 250 feet of the property affected by the proposed variance; and

(2) By publication in a newspaper of general circulation within the city.

(Prior Code, § 40-10-20)

§ 159.343 STANDARDS FOR VARIANCES.

(A) The Zoning Board of Appeals shall not grant any variance unless, based upon the evidence presented to it, it determines that:

(1) The proposed variance is consistent with the general purposes of this chapter (see § 159.002 of this chapter);

(2) 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;

(3) The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship, and allow a reasonable return on the property;

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

(Prior Code, § 40-10-21)

§ 159.344 TERMS OF RELIEF; FINDINGS OF FACT.

(A) The Zoning Board of Appeals shall decide on every variance request within a reasonable time after the public hearing.

(C) The findings of fact shall clearly indicate the Zoning Board of Appeals’ reasons for granting or denying any requested variance.

(Prior Code, § 40-10-22)