To hear and decide appeals where it is alleged that there is a error in any action by the Zoning Enforcement Officer or other administrative official in carrying out the provisions of this chapter, and for interpretation of the comprehensive zoning map;

To hear and decide applications for a variance in cases where there are practical difficulties of particular hardship in the manner of carrying out the provisions of this chapter. Before any variance is granted, the Board must make a finding of facts that all of the following conditions are shown to be present.

To vary the yard regulations where there is a exceptional or unusual physical condition of a lot, which conditions are not generally prevalent in the neighborhood or when related to the yard regulations of this chapter, would prevent a reasonable or sensible arrangement of structures on the lot.

To vary the parking regulations where a applicant demonstratives conclusively that the specific use of a structure would make unnecessary the parking spaces required in this chapter providing that such a reduction be not more than 50% of the applicable requirement;

All final administrative decisions of the Board shall be subject to the review of the City Council pursuant to the "Administrative Review Act", approved May 8, 1945 and all amendments and modification thereof, and the rules adopted pursuant thereto;

Annexations. The Board of Appeals shall make zoning recommendations for property as it comes into the municipality by City Council approval. The Board shall suggest various zoning district classifications and land use criteria through the pre-zoning process;

Non-conforming use and conditional use variances. The Board may, after a public hearing, grant a non-conforming use or conditional use variance to provide for the use, expansion or rebuilding of a structure, or business for non-conforming or conditional use. The Board shall impose conditions that insure that:

All proceedings before the Zoning Board of Appeals shall be conducted in accordance with rules 1-11 enacted in conjunction with this chapter and such other and further procedural rules as are created by amendment by the City Council.

These rules are supplementary to the provisions of the Zoning Ordinance of Lewistown, Illinois as they relate to procedures of the Board of Appeals, hereinafter "Board".

Any member who has an interest in a matter before the Board shall not vote thereon and shall remove himself or herself from any meeting or hearing at which said matter is being considered.

Nothing herein shall be construed to give or grant the Board the power or authority to alter or change the zoning ordinance including the zoning map. Such power is reserved to the City Council.

The City Attorney shall be consulted in cases where the powers of the Board are not clearly defined. Prior to issuance of any building permit or the taking of any action with regard to a particular property, the Board and/or its Enforcement Officer shall consult with the City Clerk, who shall check the city's records with regard to whether litigation is pending with regard to the property in question and confirm that no litigation is pending. No building permit shall be issued with regard to a property involved in litigation unless the repairs or improvements proposed will remedy the conditions complained of in the litigation.

The office of the Board shall be located in the City Building, Lewistown Illinois.

The Board shall consist of seven members. One of the members shall be appointed Chairman by the City Council, City of Lewistown. There shall also be a Secretary and Zoning Enforcement Officer who are non voting members of the Board.

The City Council shall designate the Chairman, Secretary and Zoning Enforcement Officer to serve one year commencing on the first council meeting in May to the first council meeting in May the following year. The Board shall elect from among its members a acting Chairman to act when the Chairman is absent. In the event of death, removal for cause, or resignation, successors shall be named by the City Council. The City council shall appoint the seven members of the Board to a five-year term except when replacing a existing Board member in which case the new member shall serve for the remainder of the term of the member replaced.

The Chairman shall oversee the daily operations of the zoning office, supervise the affairs of the Board, shall appoint committees and subcommittees as may be necessary to carry out the purpose of the Board, and shall administer the truth oath to all witnesses in cases before the Board. The Chairman shall be an ex-officio member of all committees and subcommittees so appointed.

The acting Chairman, in the absence or disability of the Chairman, shall perform all the duties, and exercise all powers, of the Chairman.

The Secretary shall:

All minutes, records, and files of the Board shall be a public record unless exempted from disclosure under the Freedom of Information Act.

The Zoning Enforcement Officer shall act as the inspector for the Board. When a permit application is received by the Secretary, the file shall be reviewed by the Zoning Enforcement Officer to determine if required information is on the application. The Zoning Enforcement Officer shall then go to the sight of the proposed construction and inspect the stakes set by the applicant to determine if all measurements on the application are correct. Prior to issuance of any permit, the Zoning Enforcement Officer shall consult with the City Attorney to determine whether litigation is pending with regard to the property in question. If all requirements for a valid permit are met, the Zoning Enforcement Officer shall issue a permit at that time. If further information is needed, the Zoning Enforcement Officer shall return the application to the Secretary and request further information to be supplied. If further questions or problems exist, the Zoning Enforcement Officer shall consult with the Chairman for the final decision on the application at which time the Zoning Enforcement Officer shall either grant or deny the permit. If the permit is denied, the applicant shall be advised by the Secretary of the variance procedures. In the absence of the Zoning Enforcement Officer, the Chairman shall be responsible for the duties of the Zoning Enforcement Officer.

meetings of the Board shall be held on an as needed basis at such time as the Chairman may designate, with proper public notice.

Meetings may be canceled by the Chairman when there are no pending matters or previously pending matters are resolved without the need for a meeting. Notification of cancellation shall be given to members not less than 48 hours prior to the time set for such meeting.

Special meetings may be called by the Chairman at his discretion, or upon the request of two or more members, provided that 72 hours notice is given to each member and proper public notice given.

All meetings of the Board shall be open to the public.

A quorum shall consist of four members for any regular or special meeting, and is required for any decision, determination, or official action of the Board.

Public hearings shall not be held by less than a quorum of the Board, but shall be immediately adjourned.

All meetings of the Board shall proceed as follows.

Continuances. Continuances may be granted at the discretion of the Board in any case where good cause is shown and to any interested party who has entered their appearance as follows:

A appeal to the Board pertaining to a decision made by the Zoning Enforcement Officer or the Board of Appeals, may be taken by anyone who has a direct interest in the outcome of the decision or the applicant. Any individual owning any real property located within 300 feet of any boundary of the subject property shall be considered to have a direct interest in the outcome of the decision.

To be considered, a appeal must be filed with the Secretary of the Board within 20 days of a decision by the Zoning Enforcement Officer or the Board of Appeals.

The applicant or complainant shall provide all the information pertaining to the appeal as well as any additional information in writing that may be required by the Board to review the decision. Failure of the applicant or complainant to provide requested documentation or information within 30 days of the request shall be considered sufficient grounds to dismiss any appeal.

Upon receipt of a timely filed appeal, the Secretary shall assign it a case number and place it on the agenda of the Board for hearing within 60 days. Requests for appeal shall be assigned for hearings in the order in which they are filed.

If the Board of Appeals rejects the appeal, the Secretary of the Board shall notify the plaintiff in writing within ten days of the decision and supply a copy of the Boards decision. If the plaintiff wishes to appeal the first decision of the Board, They may request a rehearing before the Board of Appeals to review evidence again and review any new evidence the plaintiff wishes to enter. This must be done within 30 days of the first decision of the Board. This decision of the Board shall be final.

Any appeal of the final decision of the Board may be made to the City Council in writing within 30 days of its rendition. The City Council shall follow the same procedures and exercise the same powers as the Board of Appeals with regard to hearing a appeal of the Board's decision.

Decisions of the City Council are reviewable by the Circuit Court pursuant to the administrative review law.

A request for variance (including non-conforming uses, conditional uses, and setback variations) from these regulations may be taken by a aggrieved person where there may be particular hardship arising under the Zoning Ordinance relating to the use, construction or alteration of buildings or structures, or the use of land.

A request for variance shall be considered only upon the filing of a request for a variance with the Secretary.

The applicant shall provide, on the form provided by the Board, required information, therein pertaining to the request for variance as well as any additional information that may be required by the Board to aid it in making a decision.

Upon filing a request for variance, the applicant shall pay a fee of $15 plus a publishing fee which shall be established by the City Council, and shall be deposited with the Secretary.

Upon receipt of a properly filed application for variance and receipt of the fee, the Secretary shall assign it a case number and place it on the agenda of the Board for hearing within 60 days. Applications for variance shall be assigned for hearing in the order in which they are filed.

The Secretary shall give notice of the place and the time of the hearing of the appeal to the parties concerned either in person or by certified mail, not less than seven days nor more than 30 days prior to the hearing. The notice shall give the name and address of the property owner, the location of the property, and a brief statement of the nature of the appeal, and contain a legal description of the property affected and the common address, so that the property can be easily identified. The notice shall be sent to the property owners, as indicated from the tax records of the Treasurer of Fulton County, of all property adjacent to, or within 300 feet of any property line in each direction of the location for which the appeal or variance is requested. The applicant shall famish the Board a complete list of names and last known addresses of the owners of property required to be served at the time the application is filed. The Board shall request that the City Attorney verify the accuracy of such list prior to the sending of such notice.

The Secretary shall cause public notice to be published at least once in a newspaper having general circulation in the city, not more than 45 days nor less than 15 days prior to the hearing. The notice shall state the place, date and time of the hearing, the location of the property for which the request for variance or conditional use permit is requested, and a brief statement of the nature of the application. It shall contain a legal description of the property affected and its common address. The notice shall further state that the complete application for variance is available for inspection by the public at the office of the Clerk of the City of Lewistown. The Secretary shall make a copy of the complete application for variance available at the office of the Clerk of the City of Lewistown.

At the time of the hearing, the applicant must appear in person or be represented by counsel. In the case of a corporation, the applicant may be represented either by a officer of the corporation or by counsel. No agent other than legal counsel or a officer of a applicant corporation may represent the applicant at the hearing.

All witnesses shall testify under oath.

Evidence shall be called in the following order.

Except as herein provided, the hearing shall comply with the standards customarily applicable to administrative proceedings as set forth in ILCS Ch. 5, Act 100, § 10-40, to wit:

The Chairman shall rule on all questions relating to the admissibility of evidence. The City Attorney shall make recommendations to the Chairman with respect to rulings on questions of law, including evidentiary questions.

Final decisions or recommendations of the Board shall be made in writing within 14 days from the date of the hearing.

The Board shall conduct its vote in public session at the meeting in which evidence is concluded, unless the Board feels additional time for deliberation is necessary which shall also be conducted in public session.

A concurring vote of four Board members shall be necessary to reverse any order, requirement, decision or determination of the Zoning Enforcement Officer, or to grant a variance or present a modification of the ordinance to the City Council.

All deliberation and decisions of the Board shall be made at a public meeting by motion made, seconded, and the Secretary polling the members by a roll call vote. The motion which decides the issue shall be in the form of findings by the Board. If conditions are imposed in the granting of a variance or in recommending the modification of the ordinance, such conditions shall be included as part of the motion.

The minutes of all meetings and hearings shall be reviewed for accuracy by the Chairman and the Board and all members present shall sign the minutes. All minutes shall be a part of the public record of the Board. In the case of any contested hearing, a record shall be preserved and made available as follows:

Notice of the decisions of the Board shall be given to the applicant and Zoning Enforcement Officer as soon as possible after the decision is reached, not to exceed 14 days. Any other interested parties may request a copy of the decision of the Board.

Unless otherwise specified by the Board, any order or decision of the Board authorizing a variance or conditional use permit, shall expire if the applicant fails to obtain a building a permit within 90 days from the date of the decision. Exemption to this rule is given to federally funded projects which shall obtain a permit as soon as practical.

These rules may be amended by a two-thirds majority vote of the City Council. The Board of Appeals may make recommendations to the City Council of such changes.

The proposed amendment must be presented in writing at a regular or special meeting preceding the meeting in which the vote is taken.