The position of Zoning Hearing Officer for the City is hereby created in accordance with 65 ILCS 5/11-13-14.1 and other applicable authority. The Hearing Officer shall be appointed by the Mayor with the approval of the City Council. Alternate hearing officers may serve when the Hearing Officer is not available and may be appointed in the same manner as the Hearing Officer.

(Ord. No. 4750, § 1, 9-24-2014)

The Hearing Officer shall have all the powers and duties prescribed by law and by the Collinsville Municipal Code, including the following:

A.

Appeals. Upon an appeal from a decision by any City agency or administrative official, to decide any question involving the interpretation of any provision or term of the Collinsville Zoning Regulations, including the determination of the exact location of any district boundary if there is uncertainty with respect thereto, or other claimed error in the decision or determination made by an administrative official in the enforcement of the Zoning Regulations; provided that such decision shall be bound by and consistent with the language of the ordinance or regulation at issue.

B.

Variances. The Hearing Officer may vary the application of the requirements of the Collinsville Zoning Regulations, except for use variances, as provided in this Title. By ordinance or by other provisions in the Collinsville Municipal Code, the City Council may reserve for its approval or denial any decision to be made pursuant to the City's Code of Ordinances. In such cases where the City Council has reserved decision-making authority, the Hearing Officer shall still conduct a hearing and provide notice in compliance with 65 ILCS 5/11-13-6. Any variance granted by the Hearing Officer, not exercised within twelve (12) months from the date of approval, shall be deemed expired and automatically revoked.

C.

Other authority. To hear and decide all other matters referred to it by the City Council or upon which it is required to pass under applicable ordinances.

(Ord. No. 4750, § 1, 9-24-2014; Ord. No. 19-85, § 14, 11-25-2019)

An appeal may be taken to the Hearing Officer by any person, firm or corporation aggrieved by a determination or decision of any City agency or administrative official charged with the enforcement of any provision of or regulation the Collinsville Zoning Code, or by any officer, department, board, or commission of the City relating to such decision. The appeal shall be taken within thirty (30) days of the action complained of by filing, with the officer from whom the appeal is taken and with the Hearing Officer a notice of appeal, specifying the grounds thereof. The official appealed from shall thereupon transmit to the Hearing Officer all 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 official appealed from certifies to the Hearing Officer after the notice of appeal has been filed with him that by reason of facts stated in the certificate, the 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 granted by the Hearing Officer or by a court of competent jurisdiction. The Hearing Officer may reverse or affirm wholly or partly, or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the Hearing Officer may decide to be fitting and proper to the premises. No challenge to any decision subject to this Section shall be filed in any court until or unless a timely appeal has been filed and prosecuted to completion by the applicant as provided for in this Section so as to establish a final appealable decision. Any appeal of a decision of the Hearing Officer pursuant to this chapter may be appealed to the City Council in the same manner as provided for in Section 17.130.060.

(Ord. No. 4750, § 1, 9-24-2014)

A variance may be sought by filing a written application and payment of applicable fee to the Hearing Officer specifying the specific provision to be varied, the extent of the variation, and the basis therefore and including such requirements as are set forth in the Collinsville Zoning Regulations or as other-wise established by the Hearing Officer. The Hearing Officer may grant a variance only if it is in harmony with the general purpose and intent of the Collinsville Zoning Regulations and in accordance with general or specific rules adopted hereto and only in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any regulation of the Collinsville Zoning Regulations relating to the use, construction, alteration of buildings, or structures or the use of land, but in no other case. No variance may be granted to any condition or term of a special use permit or planned zoning procedure. The Hearing Officer may impose such conditions, safeguards and restrictions upon the premises, benefited by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations. A request for a variance may be granted, upon a finding and determination on the record of the Hearing Officer that the requirements of the Collinsville Zoning Regulations are met and that all of the following conditions are satisfied and present or upon such conditions as may the Hearing Officer establishes as will meet such conditions:

The variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district, and is not created by an action or actions of the property owner or applicant.

A.

The granting of the permit for the variance will not adversely affect the rights of adjacent property owners represented in the application.

B.

The strict application of the provisions of the Zoning Regulations of which the variance is requested will constitute unnecessary hardship upon the property owner represented in the application.

C.

The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare.

D.

The granting of the variance desired will not be opposed to the general spirit and intent of the Zoning Regulations.

(Ord. No. 4750, § 1, 9-24-2014)

A.

General. The Hearing Officer shall act in accordance with the procedure specified by law and by the Collinsville Zoning Regulations. All appeals and applications to the Hearing Officer shall be in writing. Every appeal or application shall refer to the specific provision of the City's Zoning Regulations involved, and shall exactly set forth the interpretation that is claimed, the use for which the variance or special permit is sought, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. The City may appear and be represented by the Community Development Director, or his designee, and be heard as a party in interest in any hearing before the Hearing Officer, and the City may appeal any decision of the Hearing Officer to a court of competent jurisdiction.

B.

Notice of hearing. No action of the Hearing Officer shall be taken on any petition for variance until after notice has been given therefore in accordance with applicable state law and including newspaper notice as required for zoning text amendments as provided for in the Collinsville Zoning Regulations and any other relative specific statutory requirements. The Hearing Officer shall fix a reasonable time for the hearing of the appeal or application and shall give due notice thereof to the parties and decide the matter within a reasonable time.

C.

Hearings procedure. All hearings conducted by the Hearing Officer shall be open to the public, held at the call of the Hearing Officer and at such times as they may determine. At hearings conducted by the Hearing Officer, any interested person may appear in person or by duly authorized agent or attorney. All testimony before the Hearing Officer shall be given under oath. The Hearing Officer shall administer oaths and may compel attendance of witnesses. The Hearing Officer shall keep minutes of the proceedings and other official actions. The Hearing Officer shall adopt their own rules and procedures, not in conflict with the City's Municipal Code or applicable Illinois statutes.

D.

Decision and findings of facts. Every variation decision shall be accompanied by findings of facts and shall refer to any exhibits containing plans and specifications for the proposed use or variation, which shall remain a part of the permanent records of the Hearing Officer. The findings of facts shall specify the reason or reasons for making the variation. The terms of the relief granted shall be specifically set forth in a conclusion or statement separate from the findings of facts. Property for which relief has been granted shall not be used in violation of the specific terms of the findings of facts, as the case may be, unless its authorized use is changed by subsequent variance or ordinance. Every rule, regulation, decision or determination of the Hearing Officer shall immediately be filed with the Community Development Director and City Clerk and shall be a public record.

E.

Expiration of variance approval. Any construction authorized by a variance approval shall substantially commence not later than six (6) months after the date of the record decision granting the variance, or such other time as may be specified in the variance approval, failure to do so shall immediately terminate the variance approval.

F.

Cost. For any application to the Hearing Officer, a fee shall be charged by the City for processing, plus the cost of advertising of public notice in an amount as established by the Council. Such fee shall be provided for in Title 4 of the City's Municipal Code.

(Ord. No. 4750, § 1, 9-24-2014)

Immediately following the filing of the written decision of the Zoning Hearing Officer on any appeal or variance request under the Collinsville Zoning Regulations, the Community Development Director shall file a report with the City Council and City Manager concerning such action. Within thirty (30) days after the Zoning Hearing Officer's decision, the City Council, upon majority vote, may exercise the power of administrative review of any Zoning Hearing Officer decision on an application for an appeal or variance.

Upon adoption of the motion to exercise the power of review, the City Council may act on the matter directly, or first refer the matter to the Hearing Officer for further review and advisement. Before acting on the variance or appeal, the City Council may set the matter before the Hearing Officer for hearing to accept additional evidence. The City Council will give written notice of any such additional hearing to the applicant and all other persons who appeared and spoke at the public hearing before the Zoning Hearing Officer. In addition, the City Council may, in its discretion, notify and allow to be heard at the additional hearing any other person who the Council believes may be aggrieved by any decision or action concerning the application.

Following its final review, the City Council may affirm, reverse, or modify, in whole or in part, the determination of the Zoning Hearing Officer. An affirmative majority vote of the City Council shall be required to overturn or modify a decision by the Zoning Hearing Officer. The decision of the City Council shall be made within thirty (30) days of the initial Zoning Hearing Officer vote, unless extended for specified cause by a majority vote of the Council, or the Zoning Hearing Officer decision shall become final. In making any decision, the Council may adopt and rely on the record of the Hearing Officer.

Unless the City Council exercises its power of administrative review, the decision of the Zoning Hearing Officer shall become effective after thirty-one (31) days following its decision.

(Ord. No. 4750, § 1, 9-24-2014)

Any officer, department, board or bureau of the City or any person whose legal rights, duties, or privileges have been affected by any final decision of the Hearing Officer, or any party affected by the decision of the Council where such decision has been reserved or appealed to the Council, may present to the Circuit Court having jurisdiction in the county, a complaint, duly verified, stating that such decision is illegal in whole or in part, specifying the grounds of the illegality and otherwise proceeding pursuant to the Administrative Review Law Act, 735 ILCS 5/3-101 et seq., which shall govern such appeals including as authorized in 65 ILCS 5/11-13-14.1. Such complaint shall be presented to the court within after the filing of the final decision in the time frames as required under the Administrative Review Law Act. The costs of preparing and certifying the record of proceedings for filing with the Circuit Court in an administrative review proceeding shall be paid to the City by the appellant prior to the filing of such records with the Court. To the full extent permitted by law, unless review is sought of an administrative decision within the time and in the manner herein provided, the parties to the proceeding before the administrative agency shall be barred from obtaining judicial review of such administrative decision.

(Ord. No. 4750, § 1, 9-24-2014)