A. Creation: The zoning board of appeals of Jo Daviess County ("zoning board") is hereby created in accordance with Illinois law, including 55 Illinois Compiled Statutes 5/5-12010.
B. Membership And Term Of Office:
1. Appointment Of Zoning Board: The chairperson of the county board, with advice and consent of the county board shall appoint a zoning board of appeals consisting of five (5) members. One of the members so appointed shall be named as chair at the time of his/her appointment, and in case of vacancy the chairperson of the county board shall designate a chairperson.
2. Additional Members: The chairperson of the county board, with the advice and consent of the county board may appoint two (2) additional members to the zoning board.
3. Terms Of Membership On Zoning Board: The zoning board shall consist of five (5) members to serve, respectively, for the following initial terms:
a. One member for one year;
b. One member for two (2) years;
c. One member for three (3) years;
d. One member for four (4) years; and
e. One member for five (5) years.
Thereafter, each member of the zoning board shall serve for a term of five (5) years. The additional members so appointed shall serve a term of five (5) years. At the end of the term of the two (2) additional members, the county board may provide for the appointment of successors in the same manner or may allow the board of appeals to revert to a membership of five (5).
4. Residency Of Members Of Zoning Board: All members of the zoning board shall be residents of separate townships at the time of their appointment.
5. Alternate Members Of The Zoning Board: The chairperson of the county board may appoint two (2) persons to the zoning board, subject to confirmation by majority vote of the members of the county board, who shall serve as alternates for the other members of the board. Such alternates shall serve respectively, for the following initial terms:
a. One alternate for four (4) years;
b. One alternate for five (5) years.
Thereafter each alternate member of the zoning board shall serve a term of five (5) years. Alternate members of the zoning board may reside in any township, provided that they do not reside in the same township as any other member at the time of their appointment.
Alternate members, if appointed, shall serve as members of the board only in the absence of regular members, with the alternate member who has the greatest amount of time remaining in his or her term to have priority over the other alternate members in determining which alternate member shall serve in the absence of a regular member.
6. Removal: The county board chairperson shall have the power to remove any member of the zoning board for cause, after a public hearing.
7. Vacancies On Zoning Board: Vacancies shall be filled by the chairperson of the county board for the unexpired term of any member whose place has become vacant.
C. Jurisdiction And Authority: The zoning board is hereby vested with the following jurisdiction and authority:
1. Appeals Of An Administrative Decision Interpreting/Enforcing The Ordinance: Hear and decide appeals from and review any order, requirement, decision or determination made by the zoning administrator.
2. Variation: To hear and decide, after public hearing, variations from strict application of this title, in accordance with Illinois law, including 55 Illinois Compiled Statutes 5/5-12010. On a particular appeal for a variation from strict application of this title, the zoning board shall determine whether the requested variation would be in harmony with the general purpose and intent of the ordinance, and whether there are practical difficulties or particular hardships in the way of carrying out the strict letter of any such regulations relating to the use, construction or alteration of buildings or structures or the use of land.
3. Special Use Permits: To hear applications for special use permits in the manner set forth and under the standards established in article D of this chapter, and, after public hearing, report its finding(s) and make its recommendation(s) to the county board. The county board may accept or reject, in whole or in part, the finding(s) and/or recommendation(s) of the zoning board on such applications for special use permit(s), and may refer any such application back to the zoning board for further hearing(s), finding(s), and/or recommendation(s).
4. Amendments: To hear applications for amendment(s) to this title, in the manner set forth and under the standards established in article E of this chapter, and, after the public hearing, report its finding(s) and make its recommendation(s) to the county board. The county board may accept or reject, in whole or in part, the finding(s) and/or recommendation(s) of the zoning board on such applications for amendment(s), and may refer any such application back to the zoning board for further hearing(s), finding(s), and/or recommendation(s).
1. Time And Place: All meetings of the zoning board shall be held at the call of the chairperson and at such times and places within the county as the zoning board may determine.
2. Open To The Public: All meetings of the zoning board shall be open to the public.
3. Minutes: The zoning board shall keep minutes of its proceedings showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.
4. Public Record: Every rule, regulation, every amendment or repeal thereof, and order, requirement, decision or determination of the zoning board shall immediately be filed in the office of the board and shall be a public record.
5. Oaths; Witnesses: The chairperson, or in his absence the acting chairperson, may administer oaths and compel the attendance of witnesses.
6. Notice: Where a public hearing before the zoning board is required by this title, unless otherwise specified to the contrary elsewhere in this title, notice of each hearing shall be published at least fifteen (15) days in advance thereof in a newspaper of general circulation published in the township or road district in which such property is located. If no newspaper is published in such township or road district, then such notice shall be published in a newspaper of general circulation published in the county and having jurisdiction where such property is located.
7. Expenses: In the performance of its duties, the zoning board may incur such expenses as are authorized by the county board.
8. Compensation Of The Zoning Board: The members of the zoning board shall be compensated on a per diem basis with a mileage allowance for travel, the amounts to be determined by the county board.
9. Decisions Of The Zoning Board: The concurring vote of three (3) members of a board consisting of five (5) members, or the concurring vote of four (4) members of a board consisting of seven (7) members is necessary to reverse any order, requirement, decision or determination of the zoning administrator, or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance or resolution, or to effect any variation in such ordinance or resolution to the county board. (Ord. 2009-3, 5-12-2009)