Marissa City Zoning Code
VARIATIONS
§ 154.375 VARIANCES.
A variance is a relaxation of the requirements of this chapter that are applicable to a particular lot, structure, or use. A so-called “use variance” (which would allow a use that is neither permitted nor special in the district in question) is not a variance, it is an amendment, and should be granted only as provided for in § 154.420
.
(Prior Code, § 40-10-18)
(B) All actions by the Zoning Board of Appeals requires an ordinance.
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-1 et seq.
§ 154.376 APPLICATION.
(A) (1) Every application for a variance shall be filed with the Administrator on a prescribed form. Every variance application shall also be filed with the Soil and Water Conservation District as per state law.
(2) The Zoning Administrator shall promptly transmit said application, together with any advice he or she might wish to offer, to the Zoning Board of Appeals. The application shall contain sufficient information to allow the Zoning Board of Appeals to make an informed decision and shall include, at a minimum, the following:
(1) Name and address of the applicant;
(a) Location of the structure/use for which the variance is sought;
(b) Brief description of adjacent lots, structures, and/or uses;
(c) Brief description of the problems/circum stances engendering the variance request;
(d) Brief, but specific, explanation of the desired variance;
(e) Specific section(s) of this code containing the regulations which, if strictly applied, would cause a serious problem; and
(f) Any other pertinent information that the Zoning Administrator may require.
(B) A filing fee is required.
(Prior Code, § 40-10-19) (Ord. 06-08, passed 6-19-2006)
Statutory reference:
Related provisions, see 70 ILCS 405/22.02a
§ 154.377 PUBLIC HEARING; NOTICE.
(A) The Zoning Board of Appeals shall hold a public hearing on each variance request within 60 days after the variance application is submitted to it. At the hearing, any interested party may appear and testify either in person or by duly authorized agent or attorney.
(B) 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:
(1) By certified mail to the applicant;
(2) By publication in a newspaper of general circulation within the village; and
(3) By first-class mail to all owners of property contiguous to the property affected by the proposed variance.
(Prior Code, § 40-10-20)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-7
§ 154.378 STANDARDS FOR VARIANCES.
(A) The Zoning Board of Appeals shall not grant any variance unless they find that the proposed variance is consistent with the general purposes of this chapter, and that the strict application of the district requirements would result in great practical difficulties or hardship to the applicant.
(B) More specifically, the Zoning Board of Appeals shall not decide upon a variance unless they determine, based upon the evidence presented to them, that:
(1) The property in question cannot yield a reasonable return if the district regulations are strictly applied;
(2) The plight of the applicant is due to peculiar circumstances not of his or her own making;
(3) The variance, if granted, will not be detrimental to the public health, safety, and welfare;
(4) The peculiar circumstances engendering the variance request are not applicable to other property within the district, and therefore, that a variance would be a more appropriate remedy than an amendment (re-zoning); and
(5) 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 village’s Comprehensive Plan.
(Prior Code, § 40-10-21)
Statutory reference:
Related provisions, see 65 ILCS 5/11-13-4
§ 154.379 RECOMMENDATION BY THE ZONING BOARD OF APPEALS.
The Zoning Board of Appeals shall be required to submit an advisory report on all applications within 30 days after the final hearing thereon. A copy of the Zoning Board of Appeals’ report shall be transmitted to the applicant or appellant and to the Zoning Administrator. The Zoning Board of Appeals shall specify the terms of relief recommended (if any) in one statement and its findings of fact in another statement. The findings of fact shall clearly indicate the Zoning Board of Appeals’ reasons for recommending or denying any requested variance.
(Prior Code, § 40-10-22)
§ 154.380 ACTION BY THE BOARD OF TRUSTEES.
The Board of Trustees shall act on every proposed variance at its next regularly scheduled meeting following submission of the advisory report of the Zoning Board of Appeals. Without further public hearing, the Board of Trustees may approve or disapprove any proposed variance by simple majority vote of all the members then holding office. Such decision shall be binding upon the Zoning Administrator and observed by him or her. He or she shall be required to incorporate the terms and conditions of the same in. The zoning certificate to the applicant or appellant whenever a certificate is authorized by the Board of Zoning Appeals.
(Prior Code, § 40-10-23)