The purpose of this article is to establish procedures for appeals from administrative decisions and procedures for relief from the provisions of this chapter through variations.

The Zoning Board of Appeals is established in chapter 2 of the Municipal Code. The word "Board" when used in this article shall mean the Board of Appeals.

All hearings shall be held in a public place and shall be open to the public in accordance with State law. At any hearing, any person may appear and be heard on the matter being considered either in person or by an authorized agent or attorney. All persons shall testify under oath, to be administered by the Chair.

Once a public hearing is opened, it may only be closed by a majority vote of the Board members present. The Board may continue the public hearing of cases from time to time once the hearing has begun, on its motion. Such continuances shall be permitted for good cause, and stated in the motion. Unless the time and place of the commencement of the next public hearing is announced at the scheduled hearing, such continuances shall require new public notice in accordance with Article XV, Amendments and Hearings. The applicant or other party may request no more than two (2) continuances for a period not more than sixty (60) days each, and not more than one hundred twenty (120) days total from the date the public hearing was opened.

(a)

Applicants, or their authorized agents, may request an amendment of an application for a variation or an appeal, by submitting a request in writing to the Planning Department prior to the beginning of the public hearing, or to the Board at the public hearing. The request shall specify the proposed amendment and reason for the request.

(b)

The Board shall make a finding as to whether there is substantial difference between the case as it has been described in the public notice and the case as amended. If substantial difference is found, a new public notice shall be required and a new sign shall be posted before the hearing of the case may proceed.

(c)

The Board shall also determine whether the nature of the amendment is such as to require referral for reexamination by Staff members having made reports on the original application. If such referral is found necessary, the Board may proceed with the hearing or may continue it to a time and place specified, but shall not decide the case until it has considered Staff's response.

(a)

The concurring vote of four (4) members of the Board shall be necessary to decide in favor of the applicant in any matter which it is required to pass under this chapter.

(b)

Decisions of the Board shall be made at a public meeting by motions made and seconded, and by roll call vote. The motions shall include findings as specified in this chapter.

(c)

All staff reports, testimony, exhibits, plans, or specifications which were considered by the Board shall be made a part of the record of the case.

An applicant seeking to reapply after denial of a request cannot reapply for an identical or substantially similar request as one considered by the Board within the last twelve (12) months (of final Board action on the request). The Plan Director shall determine if any application is identical or substantially similar to any request made of the Board in the last twelve (12) months.

An appeal from any order, requirement, decision, or determination made by the Zoning Administrator, may be taken to the Board by any person aggrieved thereby. The appeal shall be taken by filing a Notice of Appeal with the Zoning Administrator within twenty (28) calendar days of a written decision of the Zoning Administrator. The notice of appeal shall contain the following information:

(a)

Name and address of applicant.

(b)

The section of the ordinance subject to the appeal.

(c)

A description of the order, decision, or determination of the Zoning Administrator being appealed.

(d)

The grounds or reasons that appeal is being filed.

Upon receipt of the Notice of Appeal, the Zoning Administrator shall transmit to the Secretary of the Board all documents and files constituting the record associated with action being appealed. The Secretary shall place the matter on the business agenda of the next regular meeting of the Board, provided, however, that the Notice of Appeal is in proper form and received by the Secretary no later than 5:00 p.m. on the first business day of the month preceding the next regular meeting of the Board.

The Secretary shall give at least seven (7) days notice of the hearing in writing to the applicant by first class mail, to the Zoning Administrator, to the members of the Board, and to any other person directly interested in the outcome of the appeal. Persons interested in the appeal shall mean owners of the subject properties identified; party which last paid the property taxes on the property; and all property owners immediately adjacent thereto. It shall not be necessary to publish any notice of a hearing for an appeal.

On an appeal from any order, decision or determination made by the Zoning Administrator, the Board shall be limited to a determination of the propriety of the questioned action taken by the Zoning Administrator. The Board may reverse, affirm, or modify the action appealed. In order to reverse or modify an action, any one or combination of the following findings must be satisfied:

(a)

That the provision in question is unclear and an interpretation is necessary to determine the intent and application of the provision.

(b)

That the Zoning Administrator misinterpreted the provisions of this chapter.

(c)

That the section of this chapter does not apply in this situation.

(a)

The Board shall decide the appeal by the next regular meeting after the close of the hearing.

(b)

The Board shall not; based on its decision on an appeal, grant a variation in the application of the regulations of this chapter.

(c)

The Board may only reverse any order, requirement, decision, or determination of the Zoning Administrator with a concurring vote of four (4) members of the Board.

(d)

If the Board reverses or modifies any action of the Zoning Administrator, such decision shall state the findings that support the ruling.

(a)

In order to obtain a stay of proceedings from the City enforcement of a regulation regarding an action that the applicant has appealed. A stay of proceedings is automatic upon submittal of an application except that the Planning Director may deny the stay if the following conditions are met:

(1)

The stay will cause imminent peril to life or property.

(2)

Action has been taken which changes the physical status of the property and which represents a substantial change in position (including substantial expenditures or the incurring of substantial obligations).

(b)

A stay of proceedings will only be valid until the Board takes final action on the appeal.

A variation is a grant of relief from the terms of this chapter. The purpose of a variation is to ensure that no property shall be deprived unreasonably of the development opportunities commonly enjoyed by other property in the same locality and district. A variation from the requirements of this chapter may only be granted subject to the Board finding that the criteria, as specified herein, have been satisfied.

An application for a variation may be filed by the property owner, contract purchaser with the owner's consent, or the owner's agent.

Each application for a variation shall be filed with the Planning Department. The application shall contain the following information on forms provided by the Planning Department:

(a)

Name and address of the applicant.

(b)

Existing zoning classification.

(c)

The provision of this chapter that the applicant is seeking to vary and a description of the variation being sought.

(d)

Legal description and common address for each property for which zoning action is requested.

(e)

A description of the facts supporting each of the required findings of fact.

(f)

A drawing sufficient to illustrate the nature of the variation request.

(g)

Other relevant characteristics about the subject property as indicated on the application form.

(h)

Evidence that design options which comply with the provisions of this chapter are not feasible.

(i)

A fee as required by section 26-16 of the Municipal Code.

Applicants for a variation shall submit evidence of their interest in the property along with complete disclosure of the legal and equitable ownership in any real estate affected by the requested variation. Evidence of ownership may include a policy of title insurance, warranty deed, a legally binding contract to purchase, or other indication of ownership. If title is in a land trust in addition to proof of ownership, the trustee shall provide certification of the names, addresses, and percentage of interest of each beneficial owner. When the petitioner is someone other than the owner, a letter of authorization from the legal owner shall accompany the application.

Notice of time and place of any hearing date shall be published at least once, not more than thirty (30) days nor less than fifteen (15) days before such hearing, in a newspaper in general circulation within the City. The notice shall give the date, time, and place of the hearing and contain a brief description of the requested variation. If the action pertains to a specific parcel or parcels, then the notice shall also contain a legal description and common address of the area for which the change is proposed.

(a)

For any variation, the applicant shall submit with an application, the most recent list of taxpayers of record for all property, any portion of which, is located on or within the area defined by a line extended two hundred fifty (250) feet outward in all directions from the perimeter of the subject properties. The list of taxpayers shall be compiled from records maintained by the Champaign County Assessor's Office not more than thirty (30) days before the date the application is filed with the Planning Department. The measurement of all public right-of-way shall be excluded in measuring the two hundred fifty (250) foot perimeter. If any part of a condominium property is located within two hundred fifty (250) feet of the subject property, the name of each taxpayer of record of the condominium shall also be submitted to the Planning Department.

(b)

Not less than fifteen (15) days, but not more than thirty (30) days before a public hearing, the Planning Department shall give written notice by first class mail to the following:

(1)

The applicant.

(2)

The owners of the subject property for which the variation is sought as identified in accordance with this section. If ownership is in a land trust or partnership, only the trustee or general partner need be notified.

(3)

The taxpayers for property within two hundred fifty (250) feet of the subject property as identified in accordance with this section.

(c)

The notice shall contain the place and time for the first public hearing on the application, the address of the subject property, a brief statement of the nature of the request, and the name of the applicant. The Planning Department shall make a good faith effort to comply with the provisions in this section. Failure to send the notice or notices not received by parties identified herein will not invalidate any action by the City.

(a)

An applicant seeking zoning action for any real estate for which this chapter requires a public hearing, shall allow the Planning Department to post weatherproof signs, indicating the upcoming hearing for the property, which are adequate in size and number to be visible from the adjacent roadways. The Planning Department shall post the signs approximately ten (10) days prior to the public hearing. A good faith effort shall be made to keep the signs in place until the close of the public hearing, but in no case shall the signs remain after ten (10) days from the completion of the final public hearing.

(b)

The required sign shall contain the words "PUBLIC HEARING" at the top of the sign. The sign shall indicate that a zoning variation is being requested for this property, the time and date the hearing shall be conducted, and the phone number for the City of Champaign Planning Department.

(c)

The Planning Director may waive the requirement to post the sign in cases involving multiple lots where other measures are being used to notify interested parties. Such waiver shall be made a record of the case.

(d)

A good faith effort shall be made to comply with the provisions of this section. Failure to comply with these requirements shall not invalidate any zoning action.

The following shall be classified as a minor variation.

(a)

A reduction of up to twenty-five (25) percent of the minimum required lot width or lot area.

(b)

A reduction of up to a fifty (50) percent of the minimum required side or rear yard.

(c)

A reduction of up to twenty-five (25) percent of the minimum required front yard.

(d)

A reduction of up to twenty-five (25) percent of the total number of required off-street parking spaces.

(e)

An alternative landscape that would reduce the amount of required plant material or reduce the area of landscaping by twenty-five (25) percent.

(f)

A reduction of up to one hundred (100) percent of the required side yard for fire escapes or ramps for handicap accessibility when the building was constructed prior to January 1, 1992.

Before any variation is granted, the Board shall make a favorable finding of fact, solely based upon evidence presented at a public hearing conducted by the Board, that each of the following criteria has been satisfied:

(a)

That the variation is consistent with the general purpose and intent of this chapter.

(b)

That the variation is necessary for a reasonable use of the property.

(c)

There is a practical difficulty in meeting the requirements of the Code.

(d)

The plight of the petitioner is not common and the proposed variation will not serve as a special privilege, but will alleviate conditions not shared by other property in the rest of the City.

(e)

That the petitioner did not knowingly or deliberately create the property condition causing the practical difficulty from which the petitioner seeks a grant of relief through the proposed variation.

(f)

The proposed variation will not alter the essential character of the locality.

(g)

The proposed variation will not impair an adequate supply of light and air to adjacent property; substantially increase congestion in the streets; increase the danger of fire or crime; diminish the value of nearby property; nor impair the public health, safety, comfort, convenience, or general welfare.

(h)

The proposed variation represents the minimum deviation from established standards necessary to accomplish the desired improvement.

The Board shall take action on the variation request within thirty (30) days after the close of the public hearing. The Zoning Board of Appeals shall have the authority to take the following actions regarding the request for minor variations as defined herein:

(a)

Grant all or a portion of the minor variation being requested.

(b)

Prescribe appropriate conditions and safeguards to ensure that the variation is carried out consistent with the purpose of this chapter.

(c)

Deny the request for a variation.

The Board shall grant the minor variation only upon a favorable finding of fact that each of the criteria specified in each section have been satisfied. A concurring vote of four (4) members shall be necessary to approve each finding and grant the variation request. Zoning Board of Appeals action on a minor variation is the final action.

As part of the approval of the request for a minor variation, the Board shall complete a written Grant of Variation certificate which shall contain the following information:

(a)

A legal description and common address of the subject property.

(b)

The provision of this chapter that the Board is granting relief from and a description of the variation being granted.

(c)

Findings of fact on each of the criteria required to be met specifying how each finding has been satisfied.

(d)

The terms of the relief as prescribed by the Board, including any conditions or safeguards appropriate to the proposal.

(e)

The date the Grant of Variation becomes effective.

(f)

Any exhibits containing plans or specifications for the proposed use or variation shall be attached to the Grant of Variation with a statement that the variation is conditioned on the project being built in accordance with such plans.

A major variation is any grant of relief which has not been defined as a minor variation. No variation shall be granted by the Board which permits a use which is not a permitted use in the district, where the property in question is located, or which permits a use which is expressly of implicitly prohibited by the terms of this chapter.

Before any variation shall be granted, the Board shall make a favorable finding of fact, solely based upon evidence presented at a public hearing conducted by the Board, that each of the following criteria has been satisfied:

(a)

That the variation is in harmony with the general purpose and intent of this chapter.

(b)

That the property cannot yield a reasonable return if subject to a strict and literal application of the regulations imposed by this chapter.

(c)

There is an unusual hardship in meeting the requirements of this chapter.

(d)

The plight of the petitioner is due to such unique circumstances that the proposed variation will not serve as a special privilege, but will alleviate some condition not shared by other property in the same locality and district.

(e)

That the petitioner did not knowingly or deliberately create the unusual hardship from which the petitioner seeks a grant of relief through the proposed variation.

(f)

The proposed variation will not alter the essential character of the locality.

(g)

The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the streets, increase the danger of fire or crime, diminish the value of nearby property, nor impair the public health, safety, comfort, convenience, or general welfare.

(h)

The variation represents the minimum deviation from established standards necessary to accomplish the desired improvement.

(a)

Board authority. The Board shall take action on the variation request within thirty (30) days after the close of the public hearing. The Zoning Board of Appeals shall take one of the following actions regarding the request for a major variation:

(1)

Grant all or a portion of the major variation being requested.

(2)

Prescribe appropriate conditions and safeguards to ensure that the variation is carried out consistent with the purpose of this chapter.

(3)

Deny the request for a major variation.

The Board shall approve a request for a major variation only upon a favorable finding of fact that each of the criteria specified for major variations have been satisfied. A concurring vote of four (4) members shall be necessary for the Board to issue a Grant of Variation. The Grant of Variation shall be prepared in accordance with this article.

(b)

City Council authority. Within thirty (30) days of the Board recommendation to approve a variation, the City Council shall act to approve or disapprove a resolution issuing a Grant of Variation. Unless extended by mutual agreement, if City Council does not act on the resolution to approve the Grant of Variation, the variation is deemed approved.

In the event that a variation is granted for a property, the owner has one calendar year to begin work or construction on the property. If construction does not commence within that one year, then the Grant of Variation is terminated. In the event the variation is terminated, the owner must reapply for the variation.