The zoning board of appeals of this municipality is established in accordance with Illinois law 1 . (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

The board of appeals shall consist of seven (7) members, all of whom shall reside within this municipality. 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 chairman at the time of his appointment. Each board member shall receive for his services such compensation, if any, as is determined from time to time by the city council. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

Each board member shall hold office for five (5) years from the date of his appointment, and until his successor has been selected and qualified; provided, however, that the initial appointees to the board shall serve respectively for the following terms: one for one year; one for two (2) years; one for three (3) years; one for four (4) years; one for five (5) years; one for six (6) years; and, one for seven (7) years. With the advice and consent of the city council, the mayor may remove any member of the board of appeals for cause, after a public hearing. Vacancies on the board 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. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

All meetings of the board of appeals shall be held at the call of the chairman and at such times as the board may determine. All board meetings shall be open to the public. The board may adopt their own rules of meeting procedures consistent with this title and the applicable Illinois statutes. The board may select such officers as they deem necessary. The chairman or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. Four (4) members of the board shall constitute a quorum, and the affirmative vote of at least four (4) members shall be necessary to authorize any board action. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

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 in the board's office and shall be a public record. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

Any person aggrieved by any decision or order of the zoning administrator in any matter related to the interpretation or enforcement of any provision of this title may appeal to the zoning board of appeals. Every such appeal shall be made and treated in accordance with Illinois law 1 and the provisions of this section. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

Every appeal shall be made within forty five (45) days of the matter complained of by filing with the administrator and the board of appeals, a written notice specifying the grounds for appeal 1 . Not more than five (5) working days after the notice of appeal has been filed, the administrator shall transmit to the board of appeals all records pertinent to the case. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

An appeal stays all further action on the matter being appealed, unless the administrator certifies to the board, after the notice of appeal has been filed with him, that, for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the board or the circuit court grants a restraining order for due cause, and so notifies the administrator. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

The board of appeals shall hold a public hearing on every appeal within a reasonable time after the filing of the appeal notice. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and briefly describing the issue to be decided shall be given not more than thirty (30) days nor less than fifteen (15) days before the hearing by first class mail to all parties directly affected by the appeal. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

The board of appeals shall render a decision on the appeal within a reasonable time after the hearing. The board may reverse or affirm, wholly or partly, or may modify or amend the decision or order appealed from, to the extent and in the manner that they deem appropriate. In so doing, the board of appeals has all the powers of the administrator. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

This title divides this municipality into various districts, and permits in each district as a matter of right, only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation and other factors. Such "special uses" require careful, case by case review, and may be allowed only by permission of the city council. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

Every applicant for a special use permit shall submit to the administrator, in narrative and/or graphic form, the items of information enumerated below. Every application for a special use permit shall also be filed with the soil and water conservation district and the local school district. The administrator shall prepare an advisory report on every request for a special use permit. He shall promptly transmit the completed application and his advisory report to the zoning board of appeals.

Items of information:

   (A)   Name and address of the applicant;

   (B)   Name and address of the owner or operator of the proposed structure or use, if different from subsection (A) of this section;

   (C)   Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees and similar matters;

   (D)   Location of the proposed use or structure, and its relationship to existing adjacent uses or structures;

   (E)   Areas and dimensions of the site for the proposed structure or uses;

   (F)   Existing topography of the site (USGS 10 foot contour data is acceptable) and proposed finished grade;

   (G)   Existing and proposed screening, landscaping and erosion control features on the site, including the parking area;

   (H)   Height and setbacks of the proposed structure;

   (I)   Number and size of proposed dwelling units, if any;

   (J)   Location and number of proposed parking/loading spaces and accessways;

   (K)   Identification and location of all existing or proposed utilities, whether public or private; and/or

   (L)   Any other pertinent information that the administrator may require. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

The zoning board of appeals shall hold a public hearing on every special use permit application within a reasonable time after said application is submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and the nature of the proposed special use shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing by:

   (A)   First class mail to the applicant and to all parties whose property would be directly affected by the proposed special use; and

   (B)   Publication in a newspaper of general circulation within this municipality. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

Within a reasonable time after the public hearing, the zoning board of appeals shall submit their advisory report to the city council. In deciding what their advice should be, the zoning board of appeals shall consider the following factors:

   (A)   Whether the proposed design, location and manner of operation of the proposed special use will adequately protect the public health, safety and welfare and the physical environment;

   (B)   Whether the proposed special use is consistent with this municipality's comprehensive plan;

   (C)   The effect the proposed special use would have on the value of neighboring property and on this municipality's overall tax base;

   (D)   The effect the proposed special use would have on public utilities and on traffic circulation on nearby streets; and

   (E)   Whether there are any facilities near the proposed special use (such as schools or hospitals) that require special protection. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

The city council shall act on every request for a special use permit at their next regularly scheduled meeting following submission of the zoning board of appeals advisory report. Without further public hearing, the city council may grant a special use permit by an ordinance passed by simple majority vote of all members then holding office. In a separate statement accompanying any such ordinance, the city council shall state their findings of fact, and indicate their reasons for approving (with or without conditions) or denying the request for a special use permit. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

A variance is a relaxation of the requirements of this title that are applicable to a particular lot or structure. A use variance which would allow a use that is neither permitted nor special in the district in question is prohibited. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

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, and the local school district. The administrator shall promptly transmit said application, together with any advice he might wish to offer, to the board of appeals. The application shall contain sufficient information to allow the board to make an informed decision, and shall include, at a minimum, the following:

   (A)   Name and address of the applicant;

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

   (C)   Relationship of said structure/use to existing structures/uses on adjacent lots;

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

   (E)   Any other pertinent information that the administrator may require. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

The board of appeals shall hold a public hearing on each variance request within a reasonable time after the variance application is submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and the nature of the proposed variance shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing by:

   (A)   First class mail to the applicant and to all parties whose property would be directly affected by the proposed variance; and

   (B)   Publication in a newspaper of general circulation within this municipality. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

The board of appeals shall not grant any variance unless, based upon the evidence presented to them, they determine that:

   (A)   The proposed variance is consistent with the general purposes of this title;

   (B)   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;

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

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

   (E)   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

   (F)   The variance, if granted, will not alter the essential character of the area where the premises in question is located, nor materially frustrate implementation of this municipality's comprehensive plan. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)

The board of appeals shall render a decision on every variance request within a reasonable time after the public hearing. In accordance with state law 1 , the board of appeals shall specify the terms of relief granted (if any) in one statement and their findings of fact in another statement. The findings of fact shall clearly indicate the board's reasons for granting or denying any requested variance. (Ord. 253, 4-18-1983, eff. 5-23-1983; amd. Ord. 867, 11-5-2001)