Hometown City Zoning Code
ARTICLE 16
Board of Appeals
§ 22.53 Creation and membership; terms; removal; vacancies.
A Board of Appeals is hereby authorized to be established. The word "Board," when used in this article, shall be construed to mean the Board of Appeals. The Board shall consist of seven members appointed by the Mayor of Hometown, Illinois, with the consent of the City Council. The members of said Board shall serve respectively for the following terms (or until their respective successors are appointed and qualified): one for one year, one for two years, one for three years, one for four years and one for five years for the first five appointed, and five years each for those following the first five appointed. The Mayor shall have the power to remove any member of the Board for cause and after a public hearing. Vacancies upon said Board shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of such member.
§ 22.54 Chairman.
One of members of the Zoning Board shall be designated by the Mayor, with the consent of the Aldermen, as Chairman of said Board until his successor is appointed. Such Chairman, or, in his absence, the Acting Chairman, may administer oaths, compel the attendance of witnesses and make such decisions and determinations as authorized herein.
§ 22.55 Written requests required; variation fee.
All requests for variations and all decisions or determinations of the Zoning Board shall be in writing and shall become a matter of public record. The fee for a variation hearing is $50.
§ 22.56 Jurisdiction.
(A)
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 practical difficulties or practical hardship, then the Zoning Board may make such variations of the strict application of the terms of the chapter as are in harmony with its general purpose and intent. When the Zoning Board is notified, 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 or difficulty so great as to warrant a variation, the Board may grant such variations in the following instances:
(1)
To permit the extension of a district where the boundary line of a district divides a single ownership as shown of record.
(2)
To permit the reconstruction of a nonconforming building which has been destroyed or damaged to an extent of more than 50% of its value, by fire or act of God or a public enemy, where the Zoning Board shall find some compelling public necessity requiring a continuance of the nonconforming use, and in no case shall such a permit be issued if its primary function is to continue a monopoly.[1]
(3)
To permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the Zoning Board deems reasonably necessary for the public convenience or welfare.
(4)
To make a variance where, by reason of an exceptional situation, surroundings, or condition of a specific piece of property, or by reason of exceptional narrowness, shallowness, or shape of a specific piece of property of record, as by reason of exceptional topographical conditions, the strict application of any provision of this chapter would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of such property and amount to a practical confiscation of property as distinguished from a mere inconvenience to such detriment to the public good and without substantially impairing the general purpose and intent of the Comprehensive Plan as established by the regulations and provisions contained in this chapter.
(5)
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.
(6)
To permit lots that were of record at the time of the passage of this chapter and which contain less area than the intensity of use requirements of the dwelling district in which they are located to be used for single-family dwellings, and to vary the side yard regulations for such lots, but only when the owner or owners of such lots furnish substantial proof of the inability to acquire, or to acquire at a reasonable price, additional land adjoining the lot which would be necessary to provide the required lot area.
(7)
To waive the parking requirements in the commercial, business, or industrial districts whenever the character or use of the building is such as to make unnecessary the full provision 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 a convenience.
(8)
To permit land within 200 feet of a multiple dwelling to be improved for the parking spaces required in connection with a multiple dwelling, but only when there is positive assurance that such land can be used for such purpose during the existence of the multiple dwelling.
(B)
In considering all appeals and all proposed variations to this chapter, the Zoning Board shall, before making any variations from the chapter in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the City of Hometown.
(C)
The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Board, or to decide in favor of the applicant any matter upon which it is authorized by this chapter to render a decision. Copies of all findings, orders and decisions of the Board shall be transmitted to the City Council for its information and records.
§ 22.57 Restrictions on authority.
Nothing herein contained shall be construed to give or grant to the Chairman or 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 City Council.
§ 22.58 Appeals; fee.
(A)
An appeal may be taken to the Board of Appeals by any person, firm or corporation, or by any officer, department, board or bureau of the City affected by a decision of the Chairman of the Board. Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the Zoning Chairman and with the Board of Appeals a notice of appeal, specifying the grounds thereof. The Zoning Chairman shall forthwith transmit to the Board all of the papers constituting the record of the action being appealed.
(B)
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Chairman certifies to the Board of Appeals, after the 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 the Board of Appeals or by a court of record on application, or notice to the Zoning Chairman and on due cause shown.
(C)
The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without unreasonable delay, within one year of the date of receipt of a petition to appeal. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.
(D)
A fee of $125 shall be paid to the City Clerk's office for a hearing before the Zoning Board of Appeals.
[Amended 2-14-2006 by Ord. No. 1-2006]
§ 22.59 Notice of hearing.
The Board shall make no variation except in a specific case and after a public hearing conducted by the Board. A notice of the time and place of such public hearing shall be published in a paper of general circulation in the City of Hometown not more than 30 days nor less than 15 days before the hearing. Such notice 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.
§ 22.60 Meetings.
All meetings of the Board of Appeals shall be held at the call of the Chairman and at such time as such Board may determine. All hearings conducted by the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its hearings and other official actions. Findings of fact shall be included in the minutes of each case of a requested variation, and the reasons for making or denying such variation shall be specified. Every rule or regulation, declaration, or determination of the Board shall be filed immediately in the office of the Board and shall be a public record. The Board shall adopt its own rules of procedure not in conflict with this chapter or with the Illinois statutes in such case made and provided.
§ 22.61 Term of orders.
(A)
No order of the Board permitting the erection of a building shall be valid for a period longer than one year, unless a building permit for such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
(B)
No order of the Board permitting a use of a building or premises shall be valid for a period longer than one year, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is started and proceeds to completion in accordance with the terms of such permit.