Markham City Zoning Code
PLANNING AND
ZONING BOARD OF APPEALS
§ 156.435 ESTABLISHMENT; MEMBERSHIP.
A board of appeals is authorized to be established. The word BOARD, when used in this subchapter, means the Board of Appeals. The Board shall consist of five members, which include the Chairperson appointed by the Mayor by and with the consent of the City Council. All members appointed to the Plan Commission and Zoning Board of Appeals shall hold their office until their successor is appointed. One of the members of the Board shall be designated by the Mayor, with the consent of the City Council, as Chairperson of the Board, and shall hold his or her office as Chairperson until his or her successor is appointed.
(Prior Code, § 156.355) (Ord. 70-O-743, passed - -1970; Ord. 22-O-2324, passed 1-19-2022)
§ 156.436 MEETINGS.
All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such times as the Board may determine. All hearings conducted by the Board shall be open to the public. The Board shall designate a Secretary to keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact. He or she shall also keep records of the Board’s hearings and other official actions. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision and determination of the Board shall be filed immediately in the office of the Board and shall be a public record. The Board shall adopt its own rules of procedure not in conflict with these zoning regulations or with the Illinois Revised Statutes. The presence of three members shall be necessary to constitute a quorum.
(Prior Code, § 156.356) (Ord. 22-O-2324, passed 1-19-2022)
§ 156.437 POWERS AND DUTIES.
The Board of Appeals shall have the following powers and it shall be its duty:
(A) To hear and decide appeals from and review any order, requirement, decision or determination made by the Director of Building and Housing in the enforcement of these zoning regulations;
(B) To hear and decide all matters specifically referred to it in these zoning regulations;
(C) On appeal or upon its own motion, to interpret any provision of these zoning regulations where there is doubt as to the meaning or application;
(D) On appeal or on its own motion to determine the location of any district boundary line shown upon the zoning map of the city adopted as a part of these zoning regulations when such location is in doubt;
(E) To permit a limited increase in the number of employees permitted in processing activities in the commercial district, but only when such increase will not adversely affect the character of the establishment, will not be detrimental to or affect the character of surrounding development and will not increase traffic or parking congestion;
(F) To determine and vary the application in harmony with the general purpose and intent of these zoning regulations where there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of the regulations relating to the use, construction or alteration of buildings or structures or the use of land;
(G) In its consideration of the standard of practical difficulties or particular hardship, to require evidence that:
(1) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone;
(2) The plight of the owner is due to unique circumstances; and
(3) The variation, if granted, will not alter the essential character of the locality.
(H) To permit a variation only if the evidence, in the judgment of the Board, sustains each of the three conditions enumerated above.
(Prior Code, § 156.357)
§ 156.438 VARIANCES; NOTICE OF HEARING.
(A) (1) The Board of Appeals shall prescribe in connection with any variation such conditions as the Board may deem necessary in order to fully carry out the provisions and intent of these zoning regulations.
(2) Such variations as are granted by the Board shall be void if the use is not commenced or if a building permit has not been obtained within 60 days of such granting or within the time stipulated by the Board.
(3) The concurring vote of four members of the Board is necessary to reverse any order, requirement, decision or determination of such an administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under this chapter, or to effect any variation in these zoning regulations, or to recommend any variation or modification in these zoning regulations to the corporate authorities.
(4) Upon the report of the Board, the City Council may without further public hearing, adopt by ordinance any proposed variation or may refer it back to the Board for further consideration, and any proposed variation which fails to receive the approval of the Board shall not be passed, except by the favorable vote of two- thirds of the City Council.
(5) Every variation made by ordinance, after a hearing by the Board, shall be accompanied by findings of facts specifying the reason or reasons for making the variation.
(6) Nothing contained in this section shall be construed to give or grant to the Board the power or authority to alter or change these zoning regulations or the zoning map, such power and authority being reserved to the Mayor and City Council in the manner provided by law.
(7) No such proposed application for variation shall be considered for passage by the City Council unless the real estate to which said application pertains has frontage of not less than 25 feet upon a dedicated and improved streets.
(B) No variation shall be made by the Board, except in a specific case and after a public hearing before the Board. A notice of the time and place of such public hearing shall be published in a paper of general circulation in the city at least once, not more than 30, nor less than 15 days before the hearing. This notice shall contain the particular location for which the variation is requested as well as a brief statement of what the proposed variation consists.
(Prior Code, § 156.358) (Ord. 84-O-1136, passed 1-16-1984)
§ 156.439 EXERCISE OF POWERS.
In exercising the powers of this chapter, the Board may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the Director of Building and Housing from whom the appeal is taken.
(Prior Code, § 156.359)
§ 156.440 APPEALS.
(A) An appeal may be taken to the Board of Appeals by any person, or by an officer, department, board or bureau of the city aggrieved by a decision of the Director of Building and Housing. Such appeal shall be taken within such time as shall be prescribed by the Board by general rule, by filing with the Inspector and with the Board a notice of appeal, specifying the grounds thereof. The Inspector shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.
(B) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Inspector certifies to the Board after the notice of appeal has been filed with him or her that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed, otherwise than by a restraining order, granted by the Board or by a court of record on application and on notice to the Inspector and on due cause shown.
(C) The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeals without unreasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.
(D) A fee of $10 shall be paid to the clerk at the time the notice of appeal is filed. The fee is to be transmitted to the City Treasurer to the credit of the General Corporate Fund of the city.
(Prior Code, § 156.360)