Zoneomics Logo
search icon

Mahomet City Zoning Code

BOARD OF

APPEALS

§ 152.155 COMPOSITION.

   A Board of Appeals is hereby created which shall consist of seven members appointed by the Village Board to serve respectively for the following terms: one for one year; one for two years; one for three years; one for seven years. The successor of each member so appointed to serve for a term of five years. One member of the Board shall be designated by the Village Board as Chairperson and shall hold office as Chairperson until a successor is appointed. The Board may select or appoint other officers as it deems necessary.
(Ord. passed 7-23-2002)

§ 152.156 DUTIES.

   (A)   The Board shall meet at the call of the Chairperson and at other times as it may determine. The Board shall keep minutes of all proceedings including findings of fact, all of its determinations and decisions, the reasons therefor, and the vote of each member upon every question, which minutes shall be immediately filed in the office of the Village Clerk and shall be a public record.
   (B)   An appeal may be taken to the Board of Appeals by any person, group or organization, public or private, affected by a decision by the Building Inspector. The appeal shall be taken within a time as prescribed by the Board by general rule, by filing with the Building Inspector and with the Board a notice of appeal specifying the grounds thereof. A fee determined from time to time by resolution of the Board of Trustees of the village shall accompany all notices of appeal.
(Ord. passed 7-23-2002)

§ 152.157 POWERS.

   The Board of Appeals shall have all the power and duties prescribed by law and by this chapter, which are more particularly specified as follows.
   (A)   Interpretation. Upon appeal from a decision by an administrative official, to decide any question involving the interpretation of any provision of this chapter, including determination of the exact location of any district boundary if there is uncertainty with respect thereto.
   (B)   Variances.
      (1)   To vary or adapt the strict application of any of the requirements of this chapter in the cases of exceptionally irregular, narrow or shallow lots, other exceptional physical conditions, or other unique circumstances, whereby the strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case.
      (2)   No variance in the strict application of any provision of this chapter shall be granted by the Board of Appeals unless it finds:
         (a)   There are special circumstances of conditions, fully described in the findings, applying to the land or building for which the variance is sought;
         (b)   The special circumstances or conditions are peculiar to the land or buildings for which the variance is sought and do not apply generally to land or buildings in the neighborhood;
         (c)   The circumstances or conditions are such that the strict application of the provisions of this chapter could deprive the applicant of the reasonable use of the land and building or presents a significant particular hardship to reasonable use of the land;
         (d)   For reasons fully set forth in the findings, the granting of the variance is necessary for the reasonable use of the land or building; or to overcome the significant hardship to reasonable use of the land or building;
         (e)   The variance as granted by the Board is the minimum variance that will accomplish this purpose;
         (f)   The granting of the variance will be in harmony with the general purpose and intent of this zoning ordinance;
         (g)   The granting of the variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare; and
         (h)   The granting of the variance will not be in conflict with the Comprehensive Plan.
      (3)   In granting any variance, the Board of Appeals shall prescribe any conditions that it deems to be necessary or desirable.
(Ord. passed 7-23-2002)

§ 152.158 PROCEDURE.

   (A)   The Board of Appeals shall act in strict accordance with the procedure specified by law by this chapter. All appeals and application made to the Board shall be in writing, on forms prescribed by the Board. Every appeal or application shall refer to the specific provision of the ordinance involved and shall exactly set forth the interpretation that is claimed, the use for which the special permit is sought, or the details of the variance sought to be granted, as the case may be.
   (B)   The Board of Appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the appeal within a reasonable time. Hearings on and all proceedings of the Board shall be in conformity with Chapter 24, Article 73 of the Illinois Revised Statutes. All hearings shall be open to the public and any party at interest may appear in person or by agent or attorney.
   (C)   At least ten days before the date of the hearing, the Secretary of the Board shall transmit to the Plan and Zoning Commission of the village a copy of the application or appeal, together with a copy of the notice of the aforesaid hearing shall request that the Plan and Zoning Commission submit to the Board of Appeals its advisory opinion on the application or appeal, and the Plan and Zoning Commission a report of the advisory opinion prior to the date of the hearing. Every decision of the Board of Appeals shall be by resolution, each of which shall contain a full record of the findings of the Board in the particular case. Each resolution shall be filed in the office of the Village Clerk by case number under one or the other of the following headings: interpretations; variances; together with all documents pertaining thereto. The Board of Appeals shall notify the Village Board and Plan and Zoning Commission of each special permit and each variance granted under the provisions of this chapter.
(Ord. passed 7-23-2002)