Hanna City City Zoning Code
ADMINISTRATION AND
ENFORCEMENT
§ 154.015 BOARD OF APPEALS.
A Board of Appeals is hereby established in accordance with the provisions of the statute applicable thereto. Regular meetings of the Board shall be held at such time and place within the village as the Board may determine. Special meetings may be held at the call of the Chairperson, or as determined by the Board, such Chairperson or, in his or her absence, the Acting Chairperson may administer oaths and compel attendance of witnesses. All meetings of the Zoning Board shall be open to the public. Such Board shall keep minutes of its proceedings, showing the vote of each member on every question. If any member is absent or fails to vote, the minutes shall indicate such fact. The Board shall adopt its own rules of procedure not in conflict with the statute or this chapter.
(Ord. 13-05-02, passed 5-21-2013)
§ 154.016 APPEALS.
(A) (1) Appeals to the Board of Appeals may be taken by any person aggrieved or by an officer, department, board or bureau of the village.
(2) Such appeal shall be taken within 20 days from the date of the action appealed from by filing with the Board of Appeals a notice of appeal, specifying the grounds thereof.
(3) The Building Inspector shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.
(4) An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property.
(B) The Board of Appeals shall fix a reasonable time for hearing of the appeal and give due written notice thereof to the parties and decide the same within a reasonable time.
(C) The Board may reverse or affirm, wholly or partly or may modify the use, requirement, decision or determination as, in its opinion, ought to be made in the premises, but any decision to reverse any order, requirement, decision or determination of an administrative official or to decide in favor of the applicant any matter upon which it is required to pass under such an ordinance or to effect any variation in the ordinance, or to recommend any variation or modification to the ordinance to the Village Board shall require a concurring vote of not less than four members of the Board.
(Ord. 13-05-02, passed 5-21-2013)
§ 154.017 JURISDICTION.
(A) The Zoning Board of Appeals shall hear and decide appeals from any order, requirement, decision or determination made by the Building Inspector. It shall also hear and decide all matters referred to it or upon which it is required to pass under this chapter. The Board 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 Board may decide to be fitting and proper in the premises and, to that end, the Board shall also have all the powers of the officer from whom the appeal is taken.
(B) When a property owner shows that a strict application of the terms of this chapter relating to the use, construction or alteration of buildings or structures or to the use of land, imposes upon him or her practical difficulties or particular hardship, then the Board may make such variations of the strict application of the terms of this chapter as are in harmony with its general purpose and intent, when the Board is satisfied, under the evidence heard before it, that a granting of such variation will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship so great as to warrant a variation in the following instances:
(1) To permit the extension of a district where the boundary of a district divides a lot in single ownership as shown of record;
(2) To permit the reconstruction of a non- conforming building which has been destroyed or damaged to an extent of more than 50% of its value, by fire or act of God or the public enemy, where the Board shall find some compelling public necessity requiring a continuance of the non-conforming use and, in no case, shall such a permit be issued if its primary function is to continue a monopoly;
(3) To make a variance, by reason of an exceptional situation, surroundings or condition of a specific piece of property or by the reason of exceptional narrowness, shallowness or shape of a specific piece of property of record or by reason of exception topographical conditions the strict application of any provision of this chapter would result in each of the following applying and to grant the variance, the Zoning Board of Appeals must make findings of fact that each of the following apply:
(a) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone;
(b) The plight of the owner is due to unique circumstances; and
(c) The variation, if granted, will not alter the essential character of the locality.
(4) To interpret the provisions of this chapter where the street layout actually on the ground varies from the street layout as shown on the district map fixing the several districts;
(5) To waive the parking requirements in the neighborhood commercial, commercial business or industrial districts whenever the character or use of the building is such as to make unnecessary the full provisions of parking facilities or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or convenience; and
(6) (a) To permit a building to be erected, reconstructed, altered or enlarged so that the building lines will extend beyond the distances specified in this chapter into side yards or into front yards; provided that, such variances may not be granted:
1. Unless there is a building in the block which extends beyond the distance from the front street line specified in this chapter, in which case, the building line may be permitted to extend as near to the front street line as such non-conforming building;
2. Unless the lot is irregular in shape, topography or size;
3. Unless the street line of the lot is directly opposite the street line of a lot which is irregular in shape, topography of size; and
4. The provisions of division (B)(6)(a)3. above are met.
(b) Nothing herein contained shall be construed to give or grant to the Board the power or authority to alter or change the zoning ordinance or the district map, such power and authority being reserved to the village’s Board of Trustees. The Board of Appeals may impose such conditions and restrictions upon the use of the premises benefitted by a variance, as it may deem necessary. The Board shall make no such variation, except in a specified case, after an application for a permit has been made and after duly advertised public hearing held by the Board as prescribed by statute. The notice of hearing shall contain the address or location of the property for which the variation or other ruling by the Board is sought, as well as, a brief description of the nature of the appeal. In order to partially defray the expenses of the public hearing involving variance, the applicant shall pay the sum as set by the Board of Trustees from time to time at the time of the filing of the appeal or request for variance.
(Ord. 13-05-02, passed 5-21-2013)
§ 154.018 JUDICIAL REVIEW OF FINAL DECISIONS.
All final administrative decisions of the Board of Appeals rendered under the terms of this chapter shall be subject to judicial review, pursuant to the provisions of the Administrative Review Law, being 735 ILCS 5/3-101 et seq., and all amendments and modifications thereof and the rules adopted pursuant thereto.
(Ord. 13-05-02, passed 5-21-2013)
§ 154.019 CERTIFICATE OF OCCUPANCY REQUIRED.
(A) No vacant land shall be occupied or used, and no building hereafter erected or structurally altered, shall be occupied or used; nor shall any home occupation be established until a certificate of occupancy shall have been issued by the Building Inspector.
(B) A certificate of occupancy for a new building or the alteration of an existing building shall be applied for coincident with the application for a building permit and said certificate shall be issued within three days after the requests for same shall have been made, in writing, to the Building Inspector after the erection or alteration of such building or part thereof, shall have been completed in conformity with the provisions of this regulation. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Building Inspector for a period not exceeding six months, during the completion of alterations or during partial occupancy of a building, pending its completion.
(C) Such temporary certificate shall not be construed as in any way altering the respective rights, duties and obligations of the owners or of the village relating to the use or occupancy of the premises or any other matter covered by this chapter, and such temporary certificate shall not be issued, except under such restrictions and provisions as will adequately insure the safety of the occupants.
(D) A certificate of occupancy for the use of vacant land or the change in the character of the use of land as herein provided, shall be applied for before any such land shall be occupied or used and a certificate of occupancy shall be issued within three days after the application has been made; provided that, such use is in conformity with the provisions of these regulations.
(E) A certificate of occupancy shall state that the building or proposed use of a building or land complies with all the building and health laws and ordinances and with the provisions of these regulations. A record of all certificates shall be kept on file in the office of the Building Inspector, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for a certificate of occupancy.
(F) No permit for excavation for any building shall be issued before application has been made for certificate of occupancy.
(Ord. 13-05-02, passed 5-21-2013)
§ 154.020 PLATS.
All applications for building permits shall be accompanied by a drawing or plat, in duplicate, showing the lot plan, the location or the building and lot and such other information as may be necessary to provide for the enforcement of these regulations. This plat shall be prepared after the lot has been staked by a competent surveyor, and the plat shall show the date of staking and the name of the engineer or surveyor. A careful record of the original copy of such applications and plats shall be kept in the office of the Building Inspector, and the duplicate copy shall be kept at the building at all times during the construction.
(Ord. 13-05-02, passed 5-21-2013)
§ 154.021 CHANGES AND AMENDMENTS.
(A) The President and Board of Trustees of the village may, from time to time on its own motion, or on petition or on recommendation of the village’s Zoning Board of Appeals, amend, supplement or repeal the regulations and provisions of this chapter, but no such amendments or change shall be made without a hearing before the village’s Zoning Board of Appeals as provided by law. In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, as to such regulations or district, filed with the Village Clerk, such amendment shall not be passed, except by the favorable vote of two-thirds of all the Village Board.
(B) Every petition initiated by interested property owners, or authorized agents such property owners, for the rezoning of any property to more restricted or less restricted classification shall be directed to the village’s Zoning Board of Appeals in the first instance. In such cases, the village’s Zoning Board of Appeals shall not be required to take action for the conduct of a hearing on such petition. If the village’s Zoning Board shall determine not to take action for the conduct of a hearing on such petition, the Zoning Board of Appeals shall report such action to the village’s Board of Trustees at the next regular meeting of the village’s Board of Trustees held after the time that the Zoning Board of Appeals shall determine not to conduct a hearing on said petition. The village’s Board of Trustees, upon receiving such report, may direct said Zoning Board of Appeals to conduct a hearing on said petition and in such event, such hearing shall be held by the Zoning Board.
(C) Whenever the owners of 300 feet or more of the street frontage in any block shall present to the village’s Zoning Board a petition requesting the rezoning of any property to a more restricted or less restricted classification, it shall be the duty of the village’s Zoning Board of Appeals to conduct a hearing on such petition.
(D) Before the village’s Zoning Board of Appeals shall take any action for the conduct of a hearing on any petition for rezoning any property, the party or parties petitioning for such change shall deposit the sum as set by the Board of Trustees from time to time to cover the approximate cost of this procedure, and under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law.
(Ord. 13-05-02, passed 5-21-2013)
§ 154.022 INTERPRETATION AND PURPOSE.
In interpreting and applying the provisions of this chapter, they shall be held to the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreement between parties; provided, however, that, where this chapter imposes a greater restriction upon the use of buildings or premises or upon height of building, or required larger open spaces than are imposed or required by other ordinances, rules, regulations or by easements, covenants or agreements, the provisions of this chapter shall govern.
(Ord. 13-05-02, passed 5-21-2013)