An appeals procedure is herein established in order that the objectives of this title may be fully and equitably achieved, that a means shall be provided for competent interpretation of this title, that adequate but controlled flexibility be provided in the application of this title, that the health, safety, and welfare of the public is secured, and that justice be done. (Ord. 867, 11-5-2001)

There is hereby established a board of zoning appeals, which shall perform its duties and exercise its powers as provided in 65 Illinois Compiled Statutes 5/11-13 et seq. (1998 state bar edition 1998), and as may be amended, and in such a way that the objectives of this chapter shall be observed, public safety secured, and substantial justice done. (Ord. 867, 11-5-2001)

   (A)   All meetings of the board of appeals shall be held at the call of the chairman and at such times as such board may determine.

   (B)   All hearings conducted shall be open to the public. The board of appeals shall keep minutes of its proceedings showing the vote of each member in question, or if absent, or failing to vote, indicating such fact; and shall also keep records of its hearings and other official actions in the office of the city clerk, and shall be a public record.

   (C)   The board of appeals shall not conduct business unless a majority of the members are present. The concurring vote of a majority of the full membership of board of appeals shall be necessary to reverse an order, requirement, decision, or determination of an administrative official or body, or to decide in favor of the applicant a matter upon which they are required to pass under an ordinance, or to effect a variation in an ordinance.

   (D)   The board of appeals shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony, and the production of books, papers, files, and other evidence pertinent to the matters before it. (Ord. 867, 11-5-2001)

   (A)   An appeal may be taken to the zoning board of appeals by any person, firm or corporation, or by any officer, department, board, or bureau affected by a decision of the building official. Such appeal shall be taken within such time as shall be prescribed by the zoning board of appeals by general rule, by filing with the building official, a notice of appeal, specifying the grounds thereof. The building official shall forthwith transmit to the zoning board of appeals all of the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the building official certifies to the zoning board of appeals, after notice of appeal has been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case, the proceedings shall not be stayed, otherwise than by a restraining order which may be granted by a court of record.

   (B)   The zoning board of appeals shall select a reasonable time and place for the hearing of the appeal and give due notice of the appeal to the parties. The zoning board of appeals shall decide the appeal within a reasonable time as required by 65 Illinois Compiled Statutes 5/11-13-12 (1998 state bar edition) and as may be amended.

   (C)   No application shall be taken to the zoning board of appeals in connection with an approved site plan unless the planning commission has first reviewed such application and the planning commission provides a recommendation on the variance. (Ord. 867, 11-5-2001)

The zoning board of appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have all the powers of the officer from whom the appeal was taken and may issue or direct the issuance of a permit. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this title, the zoning board of appeals shall have the power in passing upon appeals to vary or modify any of its rules, regulations or provisions so that the spirit of this title shall be observed, public safety secured, and substantial justice done in accord with 65 Illinois Compiled Statutes 5/11-13-5 (1998 state bar edition). Nothing herein contained shall be construed to give or grant to the zoning board of appeals the authority to make changes in the zoning ordinance or the zoning map acting under the authority of appeal board. The power and authority to rezone is reserved to the city council in the manner provided by 65 Illinois Compiled Statutes 5/11-13-14 (1998 state bar edition) and as may be amended. (Ord. 867, 11-5-2001)

The zoning board of appeals shall have the following specified powers and duties:

   (A)   Administrative Review: To hear appeals and make recommendations to city council where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by the building official or any other administrative official in carrying out, or enforcing, any provisions of this title.

   (B)   Interpretation: To hear and make recommendations to city council in accordance with the provisions of this title.

      1.   Appeals for the interpretation of the provisions of the ordinance.

      2.   Requests to determine the precise location of the boundary lines between the zoning districts as they are displayed on the zoning map, when there is dissatisfaction with the decision on such subject.

   (C)   Variances: The zoning board of appeals shall have the power to make recommendations to city council, upon appeal, specific variances from such dimensional requirements as lot area and width regulations, building height and square foot regulations, yard width and depth regulations, such requirements as off street parking and loading space, and sign regulations, and other similar requirements as specified in the ordinance. To obtain a variance, the applicant must show that a "practical difficulty" exists. In determining if a practical difficulty exists, the zoning board of appeals shall consider whether the following conditions exist:

      1.   That strict compliance with area, setbacks, frontage, height, bulk, or density would unreasonably prevent the owner from using the property for a permitted purpose, or would render the conformity unnecessarily burdensome;

      2.   That a variance would do substantial justice to the applicant, as well as to other property owners in the district;

      3.   That the plight of the owner is due to the unique circumstances of the property;

      4.   That the problem is in no way self-created.

   (D)   Approval Of Temporary Uses: The zoning board of appeals shall have the power to grant permits authorizing temporary land uses for:

      1.   Seasonal sales of produce, firewood or Christmas trees, and similar uses; under the following conditions:

         (a)   Zoning Districts Where Permitted:

            (1)   Temporary uses shall be restricted to nonresidential zoning district.

            (2)   The superintendent of city services or his designee may administratively approve temporary uses on for profit enterprises on private property that meet all setbacks and that do not reduce available parking by more than ten percent (10%).

            (3)   The superintendent of city services or his designee may administratively approve temporary uses for all nonprofit and 501(c)3 enterprises, schools and churches.

         (b)   Application And Submittal Requirement: The application for a temporary use permit shall be accompanied by plans and specifications including a plot plan, in triplicate, drawn to scale, showing the following:

            (1)   The shape, location, and dimensions of the lot, including the shape, size, and location of all buildings or other structures already on the lot, off street parking layout, and the location of any designated fire lanes.

            (2)   The materials to be utilized in and the shape, size, and location of all buildings and structures to be erected or moved onto the lot, including all tents, tables, stands, or display racks.

            (3)   The anticipated automobile traffic flow to and from the lot and any adjacent thoroughfares, loss of off street parking spaces, if any, as well as the anticipated flow of pedestrian traffic upon lot sidewalks.

         (c)   Time Limitations:

            (1)   A temporary use permit for the sale of Christmas trees, seasonal items such as flowers and similar uses shall by its terms be effective for no longer than thirty (30) days. No more than one temporary use permit for the sale of Christmas trees shall be issued for any given location within a single calendar year.

            (2)   A temporary use permit for a vegetable, fruit or produce stand or for the sale of firewood or similar use shall, by its terms, be effective for no longer than three (3) months. No more than one temporary use permit for such uses shall be issued for any given location within a single calendar year.

      2.   Permit uses, which do not require the erection of any capital improvement of a structural nature, not otherwise permitted in any district (such as art fairs, carnivals, and civic festival events), not to exceed twelve (12) months.

      In classifying uses as not requiring capital improvement, the zoning board of appeals shall determine that they are either demountable structures related to the permitted use of land; recreation developments, such as, but not limited to: golf driving range and outdoor archery courts; or structures which do not require foundations, heating systems, or sanitary connections.

      3.   The granting of the temporary use shall be approved in writing, stipulating all conditions as to time, nature of development permitted and arrangements for removing the use at the termination of said temporary permit.

      4.   No temporary use permit shall be granted without first giving notice to owners of adjacent property of the time and place of a public hearing to be held as further provided for in this title. Further, the zoning board of appeals shall seek the review and recommendation of the planning commission prior to the taking of any action.

   (E)   Essential Services: The zoning board of appeals shall review and approve, after a public hearing, the location of overhead or underground wires and necessary poles and towers to be erected to service primarily those areas beyond the municipality.

   (F)   Standards For Approval For Temporary Uses And Essential Services: A temporary use permit shall only be granted if the zoning board of appeals determines that the proposed use, including the erection of any temporary building or structure, will:

      1.   Provide adequate light and ventilation between buildings and structures.

      2.   Provide adequate automobile and pedestrian traffic flow and provide adequate off street parking.

      3.   Provide adequate lot access for fire protection purposes.

      4.   Not adversely affect the stability and integrity of the zoning plan prescribed by this title or otherwise interferes with the protection of public health, safety, and general welfare.

      5.   Not be incompatible with or otherwise adversely affect the physical character of the community and, in particular, the surrounding area within a distance of one thousand feet (1,000').

      6.   When the proposed temporary use is to be conducted on an otherwise vacant or unused lot, the use shall comply with all applicable zoning regulations for the district in which the temporary special use is to be located, including all requirements pertaining to lot size, height, setback, open space ratio, maximum percentage of covered lot area, and off street parking. (Ord. 867, 11-5-2001)

A use variance shall not be permitted, except as described under subsection 12-10-6(D), "Approval Of Temporary Uses", of this chapter. (Ord. 867, 11-5-2001)

The zoning board of appeals may impose conditions upon an affirmative decision. The conditions may include, conditions necessary to ensure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall do all the following:

   (A)   Be designed to protect natural resources, the health, safety, and welfare, as well as the social and economic well being of those who will use the land use or activity under consideration, residents, and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

   (B)   Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

   (C)   Be necessary to meet the intent and purpose of the zoning regulations; be related to the standards established in the ordinance for the land use or activity under consideration and be necessary to ensure compliance with those standards.

   (D)   The conditions imposed shall be recorded in the record of the approval action and shall remain unchanged except upon the mutual consent of the approving authority and the landowner. The approving authority shall maintain a record of changes granted in conditions. (Ord. 867, 11-5-2001)

The city council may from time to time prescribe and amend by resolution a reasonable schedule of fees to be charged to applicants for appeal proceedings. At the time an application is filed, said fee shall be paid to the city clerk. (Ord. 867, 11-5-2001)

   (A)   The decision of the city council shall be final. However, a person having an interest affected by the city council may appeal to circuit court.

   (B)   The city council is without general authority to reconsider a matter it has decided and from reversing its previous decision, unless the facts and circumstances which actuated the decision have so changed as to vitiate or materially affect the reason which produced and supported it, and no vested rights have intervened. (Ord. 867, 11-5-2001)