Marissa City Zoning Code
ZONING BOARD
OF APPEALS
§ 154.335 ESTABLISHED.
The Zoning Board of Appeals is hereby established in accordance with state law.
(Prior Code, § 40-10-1)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-3
§ 154.336 MEMBERSHIP, APPOINTMENT, AND COMPENSATION.
The Zoning Board of Appeals shall consist of seven members, all of whom shall reside within the village. Each Zoning Board of Appeals member shall be appointed by the Mayor with the advice and consent of the Board of Trustees. One of the members so appointed shall be named as Chair at the time of his or her appointment. The Zoning Board of Appeals shall select one of its members to be the Vice-Chair, and one the Secretary. Each Zoning Board of Appeals member shall receive compensation as established by the Board of Trustees.
(Prior Code, § 40-10-2)
§ 154.337 TERM OF OFFICE; VACANCIES.
(A) Every member of the Zoning Board of Appeals shall hold office for five years from the date of his or her appointment and until his or her successor has been selected and qualified.
(B) With the advice and consent of the Board of Trustees, 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.
(Prior Code, § 40-10-3) (Ord. 03-21, passed 11-17-2003)
§ 154.338 MEETING; QUORUM.
(A) (1) All meetings of the Zoning Board of Appeals shall be held at the call of the Chair and at such times as the Zoning Board of Appeals may determine. All Board meetings shall be open to the public.
(2) The Zoning Board of Appeals may adopt its own rules of meeting procedures consistent with this chapter and the applicable state statutes.
(B) The Zoning Board of Appeals may select such officers as it deems necessary. The Chair, or, in his or her absence, the Acting Chair may administer oaths and compel the attendance of witnesses. Four members of the Zoning Board of Appeals shall constitute a quorum, and the affirmative vote of at least four members shall be necessary to authorize any Zoning Board of Appeals action. (See § 154.340 for vote on decisions of Zoning Board of Appeals.)
(Prior Code, § 40-10-4)
§ 154.339 RECORDS.
The Zoning Board of Appeals shall keep minutes of its proceedings and examinations. These minutes shall indicate the absence of any member, the vote or abstention of each member on each question, and any official action taken. A copy of every rule, variance, order, or decision of the Zoning Board of Appeals shall be filed immediately with the Village Clerk and shall be made a public record.
(Prior Code, § 40-10-5)
§ 154.340 DECISION TO RECOMMEND OR NOT.
(A) The concurring vote of four members of the Zoning Board of Appeals shall be necessary to recommend a variance or special use permit or to recommend an amendment to the Board of Trustees.
(B) The recommendation of the Zoning Board of Appeals shall be by written letter and shall contain its findings of fact. A copy shall be sent to the Board of Trustees.
(Prior Code, § 40-10-6)
§ 154.341 PERIOD OF VALIDITY.
(A) No decision by the Board of Trustees granting a variance or special use permit shall be valid for a period longer than 12 months from the date of such decision, unless:
(1) An application for a zoning certificate is obtained within such period and construction, moving, remodeling, or reconstruction is started; or
(2) An occupancy certificate is obtained and a use is commenced.
(B) However, the Zoning Board of Appeals may grant additional extensions of time not exceeding 180 days, each upon written application made within the initial 12-month period without further notice or hearing, but said right to so extend said time shall not include the right to grant additional relief by expanding the scope of the variation.
(Prior Code, § 40-10-7)
§ 154.342 RECOMMENDATIONS.
No applicant shall apply for the same or identical request for a period of one year unless the facts and/or request have substantially changed.
(Prior Code, § 40-10-8)
§ 154.343 OFFICE OF THE RECORDING SECRETARY.
(A) The Recording Secretary of the Board of Appeals shall be appointed by the Zoning Board of Appeals to serve until his or her successor is appointed.
(B) The Recording Secretary shall record the minutes of the Zoning Board of Appeals’ proceedings and actions, showing the vote of each member upon each question or if absent or failing to vote, indicating such fact. He or she shall perform such other duties as may be assigned from time to time by the Zoning Board of Appeals.
(Prior Code, § 40-10-9)
§ 154.344 JURISDICTION.
The Zoning Board of Appeals has the power to hear and recommend appeals, variances and requests for special use permits pursuant to this chapter. It has the power to hear and recommend requests for amendments to this chapter.
(Prior Code, § 40-10-10)