Board Created; Membership; Terms Of Office: A zoning board of appeals is hereby created for the City. The board of appeals shall consist of seven members who shall serve for a term of five years; provided, that the members first appointed after the enactment of this title shall serve terms as follows: one shall serve a term of one year; one for two years; one for three years; one for four years; one for five years; one for six years; and one for seven years; the successor to each member so appointed to serve a term of five years.

Compensation; Removal From Office: All of the members of the board shall serve without compensation, and they shall be subject to removal by the Mayor and City Council.

Procedures: In accordance with 65 Illinois Compiled Statutes 5/11-13-1 et seq., the following rules apply:

Powers And Duties: Members of the zoning board of appeals shall have the powers and duties assigned to the zoning board of appeals by statute and ordinance. Said powers as granted by the statutes of the state and this title are as follows:

Issue all building permits and certificates of occupancy and make and maintain records thereof.

Conduct inspections of buildings, structures, and uses and to determine compliance with the terms of this title.

Maintain permanent and current records of this title, including, but not limited to, all maps, amendments and special permitted uses, variations, appeals, and applications therefor.

Receive, file, and forward to the zoning board of appeals all applications for appeals, variations, and other matters on which the zoning board of appeals is required to decide under this title.

Provide such clerical and technical assistance as may be required by the zoning board of appeals in the exercise of its duties.

Permit And Compliance Required: Application for building permit shall be made prior to the construction or erection of any building or structure, and prior to the cutting or excavation of any street in the City,[1]and prior to tapping onto any water main[2] or sewer[3] in the City. Failure of the owner or contractor to obtain a permit as described herein shall be a violation of this title. No permit pertaining to the use of land or buildings shall be issued unless the City has certified, after examination, that it complies with all provisions of this title.

Application, Fees And Permit Regulations: All applications for building permits and fees charged for issuance of the same, and the issuance and regulation of such permits, shall be regulated by the applicable provisions of the City building code (as amended), as set forth in Title 9, Chapter 9-1, of this Code.

Effect Of Permit: Substantial construction or erection of any building or structure must be completed within one year after the issuance of the building permit.

Certificate Required: No land shall be occupied or used and no building hereafter erected or substantially altered, as determined by the City, shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the City stating that the building complies with all the building and health laws and ordinances and with the provisions of these regulations.

Application, Fee And Certification Regulations: Certificates for occupancy shall be applied for on forms provided by the City and available in the City Clerk's office. Application must be made promptly upon completion of the erection or alteration of any structure or land subject to this zoning title. The certificate of occupancy application form must be properly completed and signed, with all necessary supporting documents as may be required by said application. All applications for occupancy certificates and any fee charged for issuance of the same, and the issuance and regulation of such certificates, shall be regulated by the applicable provisions of the City building code (as amended from time to time), as set forth in Title 9, Chapter 9-1, of this Code.[1]

Inspections: Certificates of occupancy shall not be issued until an inspection has been made by the City, said inspection to be conducted in such manner as to satisfy the City that all requirements of the City, not only as to this title, but also as to any other City ordinances applicable to the construction, improvement, or alteration of any structure or land subject to this title (water hookups, sewer hookups, etc.) have been complied with, house numbers have been properly installed as required by City ordinance,[2] and all necessary driveway permits and sidewalk requirements have been met, as required by City ordinance.[3]

Change In Use: No change of a principal use, as set forth in this title, shall be made in any building or part thereof now or hereafter erected or altered without a permit having been issued to make such change unless it is in conformity with the provisions of this title and amendments hereto.

Existing Occupancies: Nothing in this section shall prevent the continuance of the present occupancy or use of any existing building, except as may be necessary for safety of life and property.

Authority: Special permitted uses shall be authorized or denied by the zoning board of appeals with the regulations and conditions set forth in this title for special permitted uses after:

Application; Fees; Notice Requirements: An application for a special permitted use may be made by any person, firm, or corporation, or by any officer, department, board, bureau, or commission of the City requesting or intending to request a building permit and/or a certificate of occupancy or upon payment of a $100 filing fee by a resident of or a property owner in the City. A resident of or a property owner in the City shall also pay the publication fee charged by the newspaper in which notice is published of the hearing on the application for a special permitted use, promptly upon demand by the City Clerk, and subsequent to the time that the publication fee charge is made known to the City Clerk, but prior to the hearing before the zoning board of appeals. The City Clerk shall cause proper notice to be published in a newspaper published in the City or if no newspaper is published there, then in a newspaper of general circulation in the City, giving notice of the time and place of the hearing and the subject matter of the hearing, said notice to be published not more than 30 nor less than 15 days prior to the hearing. A notification sign will be posted on the property as to the time, date, place, and request of such public hearing. Upon filing the application for a special permitted use, the applicant shall pay the filing fee, and shall subsequently pay the publication fee as aforesaid.

Filing Application: An application for a special permitted use, in such form and accompanied by such information as shall be established from time to time by the zoning board of appeals, shall be filed with the City Clerk.

Conditions Of Special Permitted Use: No special permitted use shall be authorized unless the special permitted use:

Conditional Approval: The zoning board of appeals may recommend and the City Council may require such conditions and restrictions upon the location, construction, maintenance and operation of a special use as deemed necessary to protect public health, safety, comfort and welfare, to minimize the impact of the special use on the use and enjoyment of property in the immediate vicinity, to provide for the normal and orderly development, use and improvement of surrounding property for uses permitted in the zoning district and to meet the standards set forth in Subsection D of this section.

Authority; General Restrictions: Following public hearing and receipt of findings and recommendations of the zoning board of appeals, the City Council, by ordinance, may grant variations in the regulations of this title. Such variations shall be in harmony with the general purpose and intent of this title and shall be granted in accordance with standards and procedures set forth herein. Variances of this title shall be in harmony with the general purpose and intent of this title and shall be granted only in those specific instances where the zoning board of appeals shall have made a finding of fact based upon the standards hereinafter prescribed. A variance may not be requested or granted where the effect of such request or grant would be to amend the zoning district boundaries.

Variation Procedure: An application for a variation (signed by the property owner and applicant) shall be filed with the code compliance officer, who shall forward such application to the zoning board of appeals for processing in accordance with applicable statutes of the state. No variation shall be made by the zoning board of appeals except after a public hearing before the zoning board of appeals, for which hearing there shall be notice given to the public by publication, as to the time and place and purpose of the hearing, published at least once, not more than 30 nor less than 15 days before the hearing, or, if no newspaper is published within the City, then in one or more newspapers with a general circulation within the City which is published in McLean County. A notification sign will be posted on the property as to the time, date, place, and request of such public hearing.

Fees: Upon filing the application for variation, the applicant shall pay $100 plus $10 for each additional variance request, and shall subsequently pay the publication fee for the required notice upon the same being made known to the City Clerk, such publication fee to be paid in all instances prior to the hearing before the zoning board of appeals.

Enumeration Of Variations To Be Decided By Zoning Board Of Appeals:

Decisions:

Standards For Granting Variance:

Conditions Of Variance: The zoning board of appeals shall require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section.

Authority: The zoning board of appeals shall hear and decide appeals from an administrative order, requirement, decision, or determination made by the code compliance officer or other authorized officials of the City relating to the regulations of this title.

Initiation: An appeal may be taken to the zoning board of appeals by any applicant or property owner aggrieved by an administrative order, requirement, decision, or determination under this title by the code compliance officer or other authorized official of the City.

Procedure: An appeal shall be filed with the City Clerk. The City Clerk shall forward such appeal to the zoning board of appeals for processing in accordance with applicable statutes of the state. No appeal shall be heard later than 30 days after filing of the appeal with the City Clerk. Upon filing the appeal, the applicant shall pay a filing fee of $25.

Decisions: All decisions, after hearing before the zoning board of appeals on appeals from an administrative order, requirement, decision, or determination relating to this title shall be final.

Authority; Restrictions Generally: The regulations imposed and the districts created under the authority of this title may be amended by ordinance in accordance with applicable statutes of the state. An amendment shall be granted or denied by the City Council only after a public hearing before the zoning board of appeals and a report of its findings and recommendations has been submitted to the City Council.

Initiation; Fees; Notice Requirements: Map or text amendments, or both, may be proposed by the City Council, by the zoning board of appeals, or, upon payment of a $100 filing fee, by a resident of or a property owner in the City. A resident of or a property owner in the City shall also pay the publication fee charged by the newspaper in which notice is published of the hearing on the amendment, promptly upon demand by the City Clerk, and subsequent to the time that the publication fee charge is made known to the City Clerk. The City Clerk shall cause proper notice to be published in a newspaper published within the City, or, if no newspaper is published therein, then in one or more newspapers with a general circulation within the City, giving notice of the time and place of the hearing and the subject matter of the hearing, said notice to be published not more than 30 nor less than 15 days prior to the hearing. Upon filing the application for amendment, the applicant shall pay the filing fee, and shall subsequently pay the publication fee as aforesaid.

Application Procedure: An application for an amendment shall be filed with the City. Such application shall be forwarded to the board of appeals by the City with a request to hold a public hearing in accordance with applicable statutes of the state, and thereafter to submit a report of its findings and recommendations to the City Council.

Decisions: The City Council, after receiving the report of the zoning board of appeals, and without further public hearing, may adopt or reject any proposed amendment in accordance with applicable statutes of the state, or may refer it back to the zoning board of appeals for further consideration.