(a)

Except as otherwise provided in this chapter, the building and zoning official is given the duty, power and authority to enforce the provisions of this chapter. The mayor, with the consent of the city council, shall appoint the building and zoning official and any other employees as he deems necessary to assist in the enforcement of this chapter.

(b)

The building and zoning official is authorized and directed to administer and enforce the provisions of this chapter. This broad responsibility encompasses, but is not limited to, the following specific duties:

(1)

To review applications and issue permits for zoning compliance, building, signs, permits, and certificates of occupancy or temporary occupancy;

(2)

To review and forward to the plan commission all subdivision plats and site plans;

(3)

To inspect land, structures, and uses to determine compliance with this chapter, and, where there are violations, to initiate appropriate corrective actions or stop orders;

(4)

To review and forward to the board of appeals all applications for variances and appeals to zoning decisions;

(5)

To review and forward to the plan commission all applications for zoning amendments, special use permits, PUDs, and certificates of appropriateness in the historic shopping district;

(6)

To maintain up-to-date records of this chapter and related matters, including, but not limited to, district maps, subdivision plats and site plans, certificates of occupancy, zoning compliance permits, special use permits, variances, interpretative decisions of the board of appeals, and zoning amendments;

(7)

To periodically review the provisions of this chapter to determine whether revisions are needed, and to make recommendations on such matters to the city council and plan commission at least once each year;

(8)

To prepare, for annual publication by the city clerk, copies of this chapter (including the district map), and any amendments thereto;

(9)

To provide information to the general public on matters related to this chapter; and

(10)

To perform such other duties as the city council may from time to time prescribe.

(Code 1974, § 10-1; Ord. No. 1151, § 10-1, 7-25-2005)

The city has created the city plan commission for the preparation of a comprehensive city plan for the guidance, direction, and control of growth and development or redevelopment of the city and contiguous territory not more than 1½ miles beyond the corporate limits of the city. As zoning matters relate to these responsibilities, it is established that the plan commission, in addition to its other duties, is best able to evaluate and make recommendations to the city council concerning zoning map amendments, certificates of appropriateness, and special use applications (including PUDs) for the city.

(Code 1974, § 11-1; Ord. No. 1151, § 11-1, 7-25-2005)

(a)

Established. The city has established a zoning board of appeals in accordance with state law.

(b)

Membership; appointment; compensation. The zoning board of appeals shall consist of seven members, all of whom shall reside within the city. Each board member shall be appointed by the mayor with the advice and consent of the city council. One of the members so appointed shall be named as chairperson at the time of his appointment. Each board member shall receive as compensation for his services such compensation, if any, as determined from time to time by the city council.

(c)

Term of office; vacancies.

(1)

Any person appointed to the zoning board of appeals on or after the effective date of the ordinance from which this chapter is derived shall hold office for five years from the date of his appointment and until his successor has been selected and qualified.

(2)

With the advice and consent of the city council, the mayor may remove any member of the zoning board of appeals for cause after a public hearing. Vacancies on the zoning board of appeals shall be filled for the unexpired term of the member whose place has become vacant in the same manner as provided for the appointment of new members.

(Code 1974, § 11-5; Ord. No. 1151, § 11-5, 7-25-2005)

The building and zoning official, or any other duly authorized city official, shall have the right to enter upon any premises at any reasonable time prior to and upon completion of the building or other improvements, for the purpose of making inspections to carry out his duties in the enforcement of this chapter.

(Code 1974, § 10-7; Ord. No. 1151, § 10-7, 7-25-2005)

(a)

Permit required. Upon the effective date of the ordinance from which this chapter is derived, no lot shall be created, no land shall be developed, no new use or structure shall be established or erected, and no existing use or structure shall be enlarged, extended, altered, relocated, or reconstructed until a zoning compliance permit has been issued. The building and zoning official shall not issue a zoning compliance permit unless it is determined that the proposed activity conforms to the applicable provisions of this chapter and that, with an approved building permit, the proposed work may proceed.

(b)

Application. Every applicant for a zoning compliance permit shall submit to the building and zoning official, in graphic or narrative form, all the items of information listed below that are applicable to the particular project. The building and zoning official shall decide which items are applicable. Items of information to be submitted include:

(1)

The name and address of the applicant;

(2)

The name and address of the owner or operator of the proposed lot, structure or use, if different from subsection (b)(1) of this section;

(3)

A brief, general description/explanation of the proposal;

(4)

The location of the proposed lot, use, or structure and its relationship to adjacent lots, uses or structures;

(5)

The area and dimensions of the site for the proposed structure or use;

(6)

The existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;

(7)

The height and setbacks of the proposed structure;

(8)

The number and size of proposed dwelling units, if any;

(9)

The location and number of proposed parking/loading spaces and access ways;

(10)

The identification and location of all existing or proposed utilities, whether public or private; or

(11)

Any other pertinent information that the building and zoning official may require.

(c)

Duration of zoning compliance permit.

(1)

The zoning compliance permit shall be valid for one year, or until revoked for failure to abide by a corrective action order. The building and zoning official may renew initial certificates of compliance for successive one-year periods upon written request, provided the applicant is making a good faith effort to complete the authorized work.

(2)

The zoning compliance permit for a new building or the reconstruction or alteration of an existing building, or part thereof, shall be applied for coincident with the application for a building permit. A certificate of occupancy shall be issued within five days after the request for the same shall have been made in writing to the building and zoning official after the erection or alteration of such building, or part thereof, shall have been completed, in conformity with the provisions of this chapter.

(d)

Building permits. No person shall erect, construct, alter, or repair, or have erected, constructed, altered, or repaired, a building, or portion thereof, without first having obtained a building permit.

(Code 1974, §§ 10-2, 10-6(a); Ord. No. 1151, §§ 10-2, 10-6(a), 7-25-2005; Ord. No. 1233, § 4, 10-26-2009)

Once the building and zoning official issues a zoning compliance permit stating that the lot, use, location, building, or structure complies with the provisions of this chapter, a temporary certificate of occupancy may be issued. Said temporary certificate of occupancy shall not exceed a period of six months or until revoked for failure to abide by a stop order. The building and zoning official may renew temporary certificates of occupancy for one successive six-month period upon written request. Such temporary certificate shall not be construed in any way to alter the respective rights, duties or obligations of the owners or the city relating to the use of occupancy of the premises of any other matter covered by this chapter or other ordinances.

(Code 1974, § 10-3; Ord. No. 1151, § 10-3, 7-25-2005)

No lot, or part thereof, recorded or developed after the effective date of the ordinance from which this chapter is derived, and no structure or use, or part thereof, that has been erected, enlarged, altered, relocated, or reconstructed after the effective date of the ordinance from which this chapter is derived shall be used, occupied, or put into operation until a certificate of occupancy has been issued. The building and zoning official shall not issue a certificate of occupancy until he has determined, by inspection, that the work authorized by the zoning compliance permit has been completed in accordance with approved plans. Failure to obtain a certificate of occupancy shall constitute a separate violation of this chapter.

(Code 1974, § 10-4; Ord. No. 1151, § 10-4, 7-25-2005)

(a)

Notification of violation. When the building and zoning official finds, by inspection or otherwise, that any lot, structure, or use, or work thereon, constitutes a violation of city zoning regulations, he shall notify the responsible party, and shall order appropriate corrective action.

(b)

Contents of order. The order to take corrective action shall be in writing and shall include:

(1)

A description of the premises sufficient for identification;

(2)

A statement indicating the nature of the violation;

(3)

A statement of the remedial action necessary to effect compliance;

(4)

The date by which the violation must be corrected;

(5)

A statement that the alleged violator is entitled to a conference with the building and zoning official if he so desires; and

(6)

The date by which an appeal of the corrective action order must be filed, and a statement of the procedure for so filing.

(c)

Service of order. A corrective action order shall be deemed properly served upon the owner, occupant, or operator of the offending lot, structure, or use if it is served upon him personally, sent by registered mail to his last-known address or posted in a conspicuous place on or about the affected premises.

(d)

Stop orders. When any work is being done in violation of a zoning compliance permit, the corrective action order may state that the violation must cease immediately (subsection (b)(4) of this section). In such case, the corrective action order is equivalent to a stop order.

(Code 1974, § 10-8; Ord. No. 1151, § 10-8, 7-25-2005)

Notwithstanding any other provisions of this chapter, when it is determined that any violation of this chapter poses an imminent peril to life or property, the building and zoning official may institute, without notice or hearing, any necessary proceedings to alleviate the perilous condition.

(Code 1974, § 10-9; Ord. No. 1151, § 10-9, 7-25-2005)

When any violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint with the city clerk. The building and zoning official, as the case may be, shall record such complaints, promptly investigate, and, if necessary, institute appropriate corrective action.

(Code 1974, § 10-10; Ord. No. 1151, § 10-10, 7-25-2005)

This chapter divides the city into various districts and permits in each district as a matter of right only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation, and other factors. Because of their unique, special, and unusual impacts upon the use and enjoyment of neighboring property, PUD projects in the city shall also be approved by special use permit. Such special uses require careful case-by-case review, and may be allowed only by permission of the city council, following recommendation by the plan commission.

(Code 1974, § 11-2; Ord. No. 1151, § 11-2, 7-25-2005)

Every applicant for a special use permit shall submit to the building and zoning official, in narrative or graphic form, the items of information enumerated below. The building and zoning official shall prepare an advisory report on every request for a special use permit. He shall promptly transmit the completed application and his advisory report to the city clerk to forward to the chairperson and other members of the plan commission. Items of information to be submitted include:

(1)

The name and address of the applicant;

(2)

The name and address of the owner or operator of the proposed structure or use, if different from subsection (1) of this section;

(3)

The nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters;

(4)

The location of the proposed use or structure and its relationship to existing uses or structures on adjacent lots;

(5)

The area and dimensions of the site for the proposed structure or use;

(6)

The existing topography of the site and proposed finished grade;

(7)

The existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;

(8)

The height and setbacks of the proposed structure;

(9)

The number and size of proposed dwelling units, if any;

(10)

The number and location of proposed parking/loading spaces and access ways;

(11)

The identification and location of all existing or proposed utilities, whether public or private; or

(12)

Any other pertinent information that the building and zoning official may require.

(Code 1974, § 11-2.1; Ord. No. 1151, § 11-2, 7-25-2005)

The plan commission shall hold a public hearing on every special use permit application at their next regularly scheduled meeting or within a reasonable time after the application is submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed special use shall be given not more than 30, nor less than 15, days before the hearing:

(1)

By first class mail to the applicant and to all parties whose property would be directly affected by the proposed special use; and

(2)

By publication in a newspaper of general circulation within the city.

(Code 1974, § 11-2.2; Ord. No. 1151, § 11-2, 7-25-2005)

After the public hearing, the plan commission shall submit, within 60 days, an advisory report to the council. In deciding what their advice should be, the plan commission shall consider the following factors:

(1)

Whether the proposed design, location, and manner of operation of the proposed special use will adequately protect the public health, safety, and welfare, and the physical environment;

(2)

Whether the proposed special use is consistent with the city's community development plan;

(3)

The effect the proposed special use would have on the value of neighboring property and on the city's overall tax base;

(4)

The effect the proposed special use would have on public utilities and on traffic circulation on nearby streets; and

(5)

Whether there are any facilities near the proposed special use (such as schools, homes for the elderly) that require special protection.

(Code 1974, § 11-2.3; Ord. No. 1151, § 11-2, 7-25-2005)

The council shall act on every request for a special use permit at their next regularly scheduled meeting following submission of the plan commission's advisory report. Without further public hearing, the council may approve or disapprove a special use permit by an ordinance passed by simple majority vote of all members then holding office. In a separate statement accompanying any such ordinance, the council shall state their finding of fact, and indicate their reasons for approving (with or without conditions) or denying the request for a special use permit.

(Code 1974, § 11-2.4; Ord. No. 1151, § 11-2, 7-25-2005)

The city council may amend this chapter in accordance with 65 ILCS 5/11-13-14 and the provisions of this division. Proposed alterations of zone district boundaries are map amendments and proposed changes in the status of uses (permitted, special, prohibited) shall be deemed proposed text amendments. Amendments may be proposed by the city council, the building and zoning official, the board of zoning appeals, the plan commission, or any party in interest. Because map and text amendments directly relate to planning and require an analysis of whether the proposal fits the aims of the community development plan, the plan commission, as authorized by the city council, will evaluate and make recommendations to the city council concerning any proposed amendments.

(Code 1974, § 11-3; Ord. No. 1151, § 11-3, 7-25-2005)

Every proposal to amend this chapter shall be filed with the building and zoning official on a prescribed form. The building and zoning official shall promptly transmit the proposal, together with any comments or recommendations he may wish to make, to the plan commission for a public hearing.

(Code 1974, § 11-3.1; Ord. No. 1151, § 11-3, 7-25-2005)

The plan commission shall hold a public hearing on every amendment proposal within 60 days after the proposal has been submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed amendment, shall be given not more than 30, nor less than 15, days before the hearing:

(1)

By first class mail to all parties whose property would be directly affected by the proposed amendment; and

(2)

By publication in a newspaper of general circulation within the city.

(Code 1974, § 11-3.2; Ord. No. 1151, § 11-3, 7-25-2005)

After the public hearing, the plan commission shall submit, within 60 days, their advisory report to the city council. The report shall state the plan commission's recommendations regarding adoption of the proposed amendment, and their reasons therefor. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the plan commission shall include in their advisory report findings of fact concerning each of the following matters:

(1)

The existing use and zoning of the property in question;

(2)

The existing use and zoning of other lots in the vicinity of the property in question;

(3)

The suitability of the property in question for uses already permitted under existing regulations;

(4)

The suitability of the property in question for the proposed use;

(5)

The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since the property was initially zoned or last rezoned; and

(6)

The effect the proposed map amendment would have on the implementation of the city's community development plan.

(Code 1974, § 11-3.3; Ord. No. 1151, § 11-3, 7-25-2005)

(a)

The city council shall act on every proposed amendment at their next regularly scheduled meeting following the submission of the plan commission's advisory report. Without further public hearing, the city council may pass any proposed amendment, or may refer it back to the plan commission for further consideration, by simple majority vote of all the members then holding office.

(b)

The favorable vote of at least two-thirds of all the members of the city council is required to pass an amendment to this chapter when the proposed amendment is opposed, in writing, by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across the alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered.

(Code 1974, § 11-3.4; Ord. No. 1151, § 11-3, 7-25-2005)

(a)

This chapter creates a historic shopping district zone out of the commercial buildings and structures downtown or in the central business district that are currently listed on the National Register of Historic Places. Long recognized as the business, cultural, and social center of the community, the pattern of architectural structures and styles in the historic shopping district captures a remnant of the community's heritage and traditions deserving of special protection.

(b)

This chapter seeks to protect inherent commercial and entrepreneurial opportunities through a complementary mix of permitted uses. At the same time, special consideration is given to observe the unique historical physical attributes and national recognition of the district. Greater attention and protection for the physical qualities and characteristics demands a municipal procedure, stated in this chapter, to review and mitigate any adverse impacts from future development and alterations in design, materials, texture, color, and other physical features upon the existing structures and buildings. Through a certificate of appropriateness procedure, such concerns will be addressed requiring careful review of any proposed alteration, construction, reconstruction, removal, or restoration in the historic shopping district for conformance to established guidelines in order to protect this community asset for the public health, safety, and welfare of the city.

(c)

This chapter empowers the city council to select a historic architectural committee within the plan commission to review proposed projects within the district, in accordance with this division.

(Code 1974, § 11-4; Ord. No. 1151, § 11-4, 7-25-2005; Ord. No. 1167, 2-13-2006; Ord. No. 1271, 7-25-2011; Ord. No. 1291, 8-27-2012)

When the building and zoning official reviews applications for alterations, additions, changes, modifications, new construction, restoration, reconstruction, and placement of signs to the exteriors of buildings or structures on property in the historic shopping district, the building and zoning official shall notify the applicant that an application for certificate of appropriateness must be submitted.

(Code 1974, § 10-5; Ord. No. 1151, § 10-5, 7-25-2005)

(a)

All applications for a certificate of appropriateness shall be made to the office of the city clerk on forms to be provided by the city clerk's office. Each application shall be accompanied by detailed drawings, sketches, plans, specifications, photographs, descriptions or other information showing the proposed exterior alterations, additions, changes, or new construction as are reasonably required by the building and zoning official and plan commission to make informed decisions.

(b)

All applications for a certificate of appropriateness are to be reviewed and voted on by the plan commission. If the plan commission does not vote unanimously in support of the granting of a certificate of appropriateness, the plan commission shall take one of two possible actions:

(1)

To recommend alteration of the plan to comply more closely with the historic district requirements, in which case the applicant may work with the plan commission to develop an acceptable plan; or

(2)

To disapprove of the project altogether because it appears that it would have a significant adverse impact on the historic district.

(Code 1974, § 11-4.1; Ord. No. 1151, § 11-4, 7-25-2005; Ord. No. 1167, 2-13-2006; Ord. No. 1271, 7-25-2011; Ord. No. 1291, 8-27-2012)

(a)

The plan commission shall hold a public hearing on every request for a certificate of appropriateness. The public hearing must be held within 60 days after the application has been submitted to the city clerk's office. At such hearing, the interested party may appear and testify, either in person or by a duly authorized agent or attorney. Notice indicating the time, date and place of the hearing and the nature of the proposed project shall be given to the public not more than 30, nor less than seven, days before the hearing by posting the notice on the City of Lebanon's website. Notice of such hearing shall be given to the applicant not more than 30, nor less than seven, days before the hearing, either by personal service of the notice upon the applicant, sending an email to the applicant at the email address stated by the applicant in the application, or by sending the notice by United States mail to the street address or post office box address stated by the applicant in the application. If service of the notice is made by United States mail, the notice must be deposited in the United States mail by no later than the 10 ^th day before the hearing. Notice of the hearing shall also be given, at seven days before the hearing, to the building and zoning official and the aldermen representing the historic district. The chairperson of the plan commission shall conduct all hearings, and the applicant and all other interested persons shall be given the opportunity to be heard, in person, by counsel or by correspondence. The plan commission shall make such records or notes of the hearing as the chairperson shall deem sufficient.

(b)

All recommendations for approval of a certificate of appropriateness must have final approval of the city council.

(Code 1974, § 11-4.2; Ord. No. 1151, § 11-4, 7-25-2005; Ord. No. 1167, 2-13-2006; Ord. No. 1271, 7-25-2011; Ord. No. 1291, 8-27-2012; Ord. No. 1490, § 2, 1-11-2021)

(a)

After hearing testimony, the plan commission shall make a determination as to whether it finds that all or any part of the area described in the hearing notice meets the criteria of the historic shopping district. If the plan commission approves the proposal, the building and zoning official shall issue a certificate of appropriateness to the applicant, subject to the provisions of this chapter.

(b)

In case of disapproval of the erection, reconstruction, alteration or demolition of a building or structure, the commission shall briefly state its reasons therefor in writing, and it may make recommendations to the applicant with respect to the appropriateness of design, arrangement, texture, material, color, location or other historical elements of appearance of the building or structure involved. In cases of disapproval accompanied by recommendations, the applicant may again be heard before the commission if, within 90 days, he amends his application to conform with the recommendations.

(c)

The commission shall not again hear the subject matter of any application which has been denied for a period of one year, except in cases where an application appears within 90 days with an amended application, as provided in subsection (b) of this section. In cases of disapproval and the applicant wishes to pursue the proposal as originally presented, the applicant may choose to have the city council review the proposal. The city council shall review the application and reasons stated by the plan commission for denial. Based on its review, the city council may overrule the plan commission's denial of the application. If the city council overrules the plan commission's denial of the application, it shall grant the application and shall instruct the building and zoning official to issue the certificate of appropriateness.

(Code 1974, § 11-4.3; Ord. No. 1151, § 11-4, 7-25-2005; Ord. No. 1167, 2-13-2006; Ord. No. 1271, 7-25-2011; Ord. No. 1291, 8-27-2012; Ord. No. 1490, § 2, 1-11-2021)

Any person aggrieved by any decision or order of the building and zoning official in any matter related to the interpretation or enforcement of any provision of this chapter may appeal to the zoning board of appeals.

(Code 1974, § 11-6; Ord. No. 1151, § 11-6, 7-25-2005)

Every appeal shall be made within 45 days of the matter complained of by filing with the building and zoning official and the zoning board of appeals a written notice specifying the grounds for appeal. Not more than five working days after the notice of appeal has been filed, the building and zoning official shall transmit to the board of appeals all records pertinent to the case.

(Code 1974, § 11-6.1; Ord. No. 1151, § 11-6, 7-25-2005)

An appeal stays all further action on the matter being appealed unless the building and zoning official certifies to the zoning board of appeals, after the notice of appeal has been filed with him, that, for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the board or the circuit court grants a restraining order for due cause, and so notifies the building and zoning official.

(Code 1974, § 11-6.2; Ord. No. 1151, § 11-6, 7-25-2005)

The zoning board of appeals shall hold a public hearing on every appeal within 60 days after the filing of the appeal notice. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date and place of the hearing, and briefly describing the issue to be decided, shall be given not more than 30, nor less than 15, days before the hearing by first class mail to all parties directly affected by the appeal and by publication in a newspaper of general circulation within the city.

(Code 1974, § 11-6.3; Ord. No. 1151, § 11-6, 7-25-2005)

The zoning board of appeals shall render a decision on the appeal within 60 days after the hearing. The board may reverse or reaffirm, wholly or partly, or may modify or amend the decision or order appealed from to the extent and in the manner that they deem appropriate. In so doing, the zoning board of appeals has all the powers of the building and zoning official.

(Code 1974, § 11-6.4; Ord. No. 1151, § 11-6, 7-25-2005)

(a)

Variances to this chapter shall be permitted by the zoning board of appeals, in accord with this division, only when they are in harmony with the general purpose and intent of this chapter, and only in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letters of these regulations relating to the use, construction, or alteration of buildings or structures or the use of land subject to the power of the city council to prohibit, in whole or in part, the granting of variances in respect to the classification, regulation and restriction of the location of trades and industries and the location of buildings designed for specified industrial, business, residential, and other uses.

(b)

Every application for variance shall be filed with the building and zoning official (as the case may be) on a prescribed form. The building and zoning official shall promptly transmit the application, together with any advice he might wish to offer, to the zoning board of appeals. The application shall contain sufficient information to allow the board to make an informed decision, and shall include, at a minimum, the following:

(1)

The name and address of the applicant;

(2)

A brief description/explanation of the requested variance;

(3)

The location of the lot, structure or use for which the variance is sought;

(4)

The relationship of the lot/structure/use to adjacent lots or to existing structures/uses on adjacent lots;

(5)

The specific sections of this chapter containing the regulations which, if strictly applied, would cause a serious problem; and

(6)

Any other pertinent information that the building and zoning official may require.

(Code 1974, § 11-7; Ord. No. 1151, § 11-7, 7-25-2005)

The zoning board of appeals shall hold a public hearing on each variance request within 60 days after the application for a variance is submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed variance, shall be given not more than 30, nor less than 15, days before the hearing by first class mail to the applicant and to all parties whose property would be directly affected by the proposed variance and by publication in a newspaper of general circulation within the city.

(Code 1974, § 11-7.2; Ord. No. 1151, § 11-7, 7-25-2005)

The zoning board of appeals shall not grant a variance unless it is in harmony with the general purpose and intent of this chapter, and only in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of these regulations relating to the use, construction, or alteration of buildings or structures or the use of land. In its consideration of standards of practical difficulties or particular hardship to the applicant, the zoning board of appeals shall require evidence that:

(1)

The property in question cannot yield a reasonable return on the property if permitted to be used under the conditions allowed by the regulations in that zone;

(2)

The plight of the applicant is due to unique circumstances; and

(3)

The variance, if granted, will not alter the essential character of the area where the premises in question are located, nor materially frustrate implementation of the community development plan.

(Code 1974, § 11-7.3; Ord. No. 1151, § 11-7, 7-25-2005)

The zoning board of appeals shall render a decision on every request for variance within 60 days after the public hearing. In accordance with 65 ILCS 5/11-13-11, the zoning board of appeals shall specify the terms of relief granted (if any) in one statement, and their findings of fact in another statement. The findings of fact shall clearly indicate the board's reasons for granting or denying the requested variance.

(Code 1974, § 11-7.4; Ord. No. 1151, § 11-7, 7-25-2005)