The existing Board of Zoning, Planning, and Appeals established prior to the adoption of the ordinance is continued. The Board shall consist of seven regular members and one associate member who are residents of the Village and appointed by the Village President with the advice and consent of the Village Board of Trustees for such a time, as set out in Section 9.1.1. The regular members shall be deliberative and voting in all instances. The associate member shall be a deliberative member in all instances and a voting member when one or more regular members is absent except that the associate member may not vote or be counted towards the required quorum in Section 9.3.8 when the Board is considering any variance or administrative appeal.

14.9.1.1. Term of office.

Each of the members shall be appointed for a term of five (5) years.

14.9.1.2. Chairperson.

The President of the Board of Trustees shall appoint one of the members of the Board of Zoning, Planning, and Appeals to serve as Chairperson. In the absence of the Chairperson, the Vice Chairperson shall serve as acting Chairperson. The Chairperson, or in his or her absence, the Vice Chairperson, may provide his or her signature on plats, administer oaths, and compel the attendance of witnesses by subpoena. Meetings shall be held at the call of the Chairperson and at such other times as the Board of Zoning, Planning, and Appeals may determine.

14.9.1.3. Vacancies.

Vacancies shall be filled, as they occur, by the Village President with the advice and consent of the Village Board of Trustees. Persons filling vacancies shall be appointed to serve the remaining unexpired term of the person they are replacing. Faithful attendance at the meetings of the Board is a prerequisite to continued membership on this Board. The Village President, with the advice and consent of the Village Board of Trustees, may remove and replace a member for cause and after public hearing.

14.9.1.4. Meetings.

All meetings of the Board of Zoning, Planning, and Appeals shall be open to the public. The Board of Zoning, Planning, and Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, and the absence or failure of any member to vote. A copy of the minutes shall be maintained on file for public record. No action shall be taken without a quorum, as detailed in Section 14.9.3.8 of this chapter. Only those board members who are present at the hearing may vote upon any question before the Board. Whenever a public hearing has been advertised and notice given, the failure of the Board to hold a meeting because of the lack of a quorum shall automatically result in the matter being continued to the next regularly scheduled meeting of the Board, or such other meeting as called by the Chairperson.

(Ord. No. O19-05-06, § 3, 5-21-2019; Ord. No. O20-04-05, § 2, 4-14-2020)

The Board of Zoning, Planning, and Appeals is an administrative agency which acts in a quasi-judicial capacity. The Board has the duty to investigate facts and from its investigation to draw conclusions as a basis of official action, and to exercise discretion of a judicial nature. It lacks the authority to amend this title. On the other hand, where the Board finds that unfair or unjust situations are recurring under the title and for which it cannot grant relief, then the Board is authorized to recommend to the Village Board of Trustees that this title be amended to address the situation. The Board of Zoning, Planning, and Appeals' powers and duties are as set out below and include the following:

1)

Make a recommendation to the Village Board of Trustees concerning the granting or denying of a variation from the strict letter of this title;

2)

Acting as a Board of Appeals from the Director of Community Development's decision or any other administrative officer's decision under this title or any other ordinance whose standards are incorporated by reference into this title;

3)

Resolving ambiguities in the language and application of this title;

4)

Taking actions allowed by law in furtherance of implementing the above, including, but not limited to, approving minutes, issuing subpoenas, and restraining orders.

14.9.2.1. Appeals from administrative officers.

1)

The Board of Zoning, Planning, and Appeals shall hear and decide any appeal where it is alleged that there is an error in any order, requirement, decision, or determination made by the Director of Community Development, or any other person authorized to make an administrative decision under this title, or any other ordinance whose standards are incorporated by reference into this title.

2)

Any person who is aggrieved by an order, requirement, decision or determination made by the Director of Community Development, or other person purporting to act under administrative authority pursuant to this title or any other ordinance for which the Board has been given authority to hear an appeal from that officer's decision, may appeal by filing, within forty-five (45) days of the action, with that official and the Board of Zoning, Planning, and Appeals a notice of appeal and stating the grounds for the appeal.

3)

An appeal stays all proceedings in furtherance of the action appealed from, unless the Director of Community Development from whom the appeal is taken certifies to the Board of Zoning, Planning, and Appeals that, by reason of the facts stated in his or her certificate, a stay would, in his or her opinion, cause an imminent peril to life or property. In this event the proceedings shall not be stayed unless the Board of Zoning, Planning, and Appeals or circuit court issues a restraining order.

14.9.2.2. Text and map amendments (i.e. reclassifications).

The Board of Zoning, Planning, and Appeals shall hear and make a recommendation to the Village Board of Trustees to approve or deny any application for a text or map amendment. It shall recommend the amendment be approved where the applicant has demonstrated by the preponderance of the evidence that the standards set out below are met. It shall recommend the permit be denied where the applicant has failed to meet that burden. Similarly, the Village Board of Trustees will approve or deny an application pursuant to the same standards as follows:

1)

Text and map amendments.

a)

The proposed amendment is not detrimental to the orderly development of the Village.

b)

The proposed amendment shall not be detrimental to or endanger the public health, safety, or general welfare of the community of the Village.

c)

The proposed amendment promotes the public interest and not solely the interest of the applicant.

2)

Map amendments. In determining if the standards in subsection 14.9.2.2(2)(a) of this title are met, the Board shall consider whether the petitioner has met the following criteria. (It is not necessary to meet all of them.)

a)

The request is consistent with the existing uses of property within the general area of the property in question.

b)

The request is consistent with the zoning classifications of property within the general area of the property in question.

c)

The property is not generally suitable for the uses permitted under the existing zoning classification.

d)

The trend of development in the general area of the property in question since the original zoning of the affected property was established supports the request.

e)

Property values of the surrounding and adjacent property will not be diminished.

f)

The request is in harmony with the objectives of the comprehensive plan, as viewed in the light of any changes that have taken placed since adoption of the plan.

14.9.2.3. Variations.

1)

The Board of Zoning, Planning, and Appeals shall hold a public hearing and make recommendations to vary or deviate from the strict letter of this title in situations and under conditions as set out below consistent with the powers and duties assigned it under this article.

2)

A variation may be granted by the Village Board of Trustees, if it finds that the applicant has shown by the preponderance of the evidence that this title has or will subject his or her property to practical difficulties or a particular hardship and provided he or she demonstrates that all of the following conditions have been met:

a.

That the hardship was caused by unique circumstances relating to the land, and not to general conditions in the district;

b.

That the property cannot yield a reasonable return if permitted to be used only under the standards set out in this title;

c.

That the applicant has not taken any action that has caused the extraordinary condition or made it substantially worse than it otherwise might have been;

d.

That the relief proposed will not alter the character of the locality;

e.

That the relief proposed is in harmony with the general purpose and intent of the regulations.

14.9.2.4. Conditional use permit.

The Board of Zoning, Planning, and Appeals shall hear and make a recommendation to the Village Board of Trustees to approve or deny any application for a conditional use permit. It shall recommend the permit be approved where the applicant has demonstrated by the preponderance of the evidence that the standards of this title, including the standards set out below, in this section are met. It shall recommend the permit be denied where the applicant has failed to meet that burden. Similarly, the Village Board of Trustees will approve or deny an application pursuant to the same standards.

1)

That the use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;

2)

That the use will not substantially diminish or impair the value of properties within the neighborhood, or be injurious to the use and enjoyment of other property in the immediate vicinity;

3)

That the use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district;

4)

That the use will not substantially contribute to an overburdening of Municipal services; that adequate utilities, access roads, drainage and other necessary facilities have been or are being provided; and that adequate measures have been or will be taken to provide ingress and egress so as to minimize traffic congestion in the public streets;

5)

That the use will be consistent with the policies and future land use map(s) in the Village's comprehensive plan;

6)

That the use will comply with all other requirements of this title, including, but not limited to, the dimensional requirements of Chapter 2 and the supplemental use regulations in Chapters 3 and 4.

(Ord. No. O19-05-06, § 3, 5-21-2019)

Any application for a conditional use permit, variation, appeal from the Director of Community Development's decision, or for an amendment to the text of the zoning ordinance or the zoning map entitled to be heard under this title shall be processed pursuant to the following rules.

14.9.3.1. Application.

The application shall be on such form and processed in a manner consistent with Chapter 10.

14.9.3.2. Notice of hearing.

Subject to 65 ILCS 5/11-12-14, the applicant for a conditional use permit, variation, zoning text amendment or zoning map amendment shall provide publication notice in accordance with Section 14.10.4.5.

14.9.3.3. Testimony.

Witnesses testifying before the Board shall not be required to be sworn and under oath. Any objections to the evidence presented by a witness who is not sworn and under oath shall be deemed legitimate if no objection is made to the Board prior to the time that the Board makes its findings on the matter.

14.9.3.4. Hearing procedure.

The Chair shall conduct any required hearing in such a manner as to afford substantive due process, considering the nature of the proceeding, for all persons involved. The Chair should follow the guidelines established and approved by the Board of Trustees and made available by the Director of Community Development.

14.9.3.5. Finding of fact.

Prior to the Board taking any action to approve, deny or approve with conditions, any conditional use permit or variation, the Board shall make findings of fact as to whether the standards for variations, conditional use permits, or any other standards in this title about which there has been substantial controversy, have been met.

14.9.3.6. Decisions.

1)

The Board of Zoning, Planning, and Appeals shall recommend to the Village Board the approval, approval with conditions in the case of a conditional use permit, or denial of any application for a conditional use permit, zoning text amendment, or zoning map amendment. The Board of Zoning, Planning, and Appeals shall recommend to the Village Board the granting, granting with conditions or denial of any application for a variation from the table of permitted uses, the minimum lot area requirements from the table of dimensional standards and the maximum density requirements. The Board of Zoning, Planning, and Appeals shall grant, grant with conditions, or deny any other application for a variation including, fence variations, sign variations, or any other variation that does not exceed twenty (20) percent of any relevant requirements. The Board of Zoning, Planning, and Appeals may reverse or affirm, wholly or partly; or may modify the order, requirement, decision or determination of the Director of Community Development or any other administrator appealed from; and shall make any order, requirement, decision, or determination that in its opinion ought to be made in the matter.

2)

In the event that a permit or variation is issued subject to conditions, and those conditions are not accepted by the applicant, the action shall be deemed a denial.

3)

The appropriate reviewing body of a variation or conditional use permit may enact or recommend reasonable conditions related to development.

4)

Except as specifically modified or excluded, all permits, and variations issued by any Board shall be subject to the condition that the proposed development will be in accordance with the application and site plan submitted.

5)

Any individual may file an appeal of any decision of the Board of Zoning, Planning, and Appeals with the Village Board. Such appeal shall be filed with the Director of Community Development within seven (7) calendar days of the Board of Zoning, Planning, and Appeals decision.

14.9.3.7. Voting requirements.

1)

Board of Zoning, Planning, and Appeals. The concurring vote of not less than four (4) members of the Board of Zoning, Planning, and Appeals entitled to vote on the specific matter shall be necessary to reverse any order, requirement, decision or determination of the Director of Community Development or other officer charged with enforcement of this title or any other ordinance for which the Board has been given authority to hear an appeal from the officer's decision. The concurring vote of not less than four (4) members of the Board of Zoning, Planning, and Appeals shall be necessary to approve or recommend approval of any variance. The concurring vote of the majority of the members present of the Board of Zoning, Planning, and Appeals shall be necessary to recommend approval of a conditional use permit, text amendment, or map amendment.

2)

Village Board of Trustees. The concurring vote of the majority of the Village Board of Trustees entitled to vote on a specific matter shall be necessary to approve a variation, grant a conditional use permit, enact a zoning text amendment or zoning map amendment. However, in the event of a valid protest petition filed in accordance with Section 14.10.4.7, any action will be consistent with that section.

14.9.3.8. Quorum.

A quorum for the purpose of hearing any matter before the Board of Zoning, Planning, and Appeals is four (4) members.

(Ord. No. O19-05-06, § 3, 5-21-2019)