An appeals procedure is herein established in order that the objectives of this ordinance may be fully and equitably achieved, that a means shall be provided for competent interpretation of this ordinance, that adequate but controlled flexibility be provided in the application of this ordinance, that the health, safety, and welfare of the public is secured, and that justice be done.

(Ord. No. 10-3, § 1, 3-26-10)

   (1)   A zoning board of appeals is hereby established in accordance with the provisions of the statute applicable thereto.

   (2)   The zoning board of appeals shall consist of seven (7) members appointed to a five (5) year term by the mayor, with the advice and consent of the city council.

   (3)   A chairmen of the board shall be designated by the mayor, with the consent of the city council. The chairman or in the chairman's absence the acting chairman, may administer oaths and compel witnesses.

   (4)   Regular meetings of the board shall be held at such time and place within the city as the board may determine. Special meetings may be held at the call of the chairman, or as determined by the board. All meetings of the board of appeals shall be open to the public.

   (5)   No hearing shall be conducted without a quorum of the board present. A quorum shall consist of a majority of all the members. Concurring vote of four (4) members of the board is necessary for a ruling.

   (6)   Every rule or regulation and its amendment or repel and every order, requirement, decision or determination of the board shall immediately be filed in the city clerk and shall be public record.

   (7)   Nothing herein contained shall be construed to give or grant the board the power or authority to alter or change the zoning ordinance or the district map; such power and authority is being reserved to the city council.

(Ord. No. 10-3, § 1, 3-26-10; Ord. No. 2023-O-09, § 1, 1-9-23)

The zoning board of appeals is organized under the zoning ordinance to hear several types of zoning issues:

      (1)   A request for a variation.

      (2)   An appeal of a decision made by the zoning officer.

      (3)   A request for a determination of whether a proposed use is of the same general character as, and compatible with, permitted uses in the zoning district.

(Ord. No. 10-3, § 1, 3-26-10)

      (1)   Those who wish to address one (1) of the issues listed in section 22.3 should file with the zoning officer who will refer the case to the zoning board of appeal for public hearing. A nonrefundable fee of one hundred fifty dollars ($150.00) shall be collected at this time, payable to the city treasurer, to defer the cost publication and hearing.

      (2)   Once the filing procedure has been completed the zoning board of appeals will conduct a public hearing where the applicant and/or a representative may be present and make a decision to approve, modify or deny the request within 60 days of filing of the complete application. In making its decision, the zoning board of appeals may impose additional conditions or modifications as are appropriate or necessary to protect the public health, safety, and welfare and to carry out the purpose of this ordinance. At the hearing the zoning board of appeals will:

         (a)   Hear evidence and testimony;

         (b)   Review the standards and conditions;

         (c)   Prepare a findings of fact.

      (3)   If the request is approved, the zoning board of appeals will authorize the zoning officer to take the appropriate actions.

(Ord. No. 05-16, § 5, 7-11-05; Ord. No. 07-31, § 1, 8-14-07; Ord. No. 10-3, §§ 1, 36, 3-26-10)

      (1)   Definition.

         (a)   Variation: A relaxation of the strict terms of the zoning ordinance in order to provide relief for a property owner upon whom the zoning ordinance imposes particular hardship or practical difficulties. Unlike an amendment, a variation does not change the requirement of the zoning ordinance. It is an exception to those requirements due to usual circumstances.

      (2)   Standards for reviewing a variation.

         (a)   Because of the particular physical surroundings, shape, or topographical conditions of the property involved, a particular hardship to the owner would result, as distinguished for a mere inconvenience, if the strict letter of the regulations were to be carried out.

         (b)   The conditions upon which a petition for a variation is based are unique to the property for which the variance is sought and are not applicable generally, to other property with the same zoning classification.

         (c)   The purpose of the variation is not based exclusively upon a desire to make money out of the property.

         (d)   The alleged difficulty or hardship is caused by this ordinance and has not been created by any persons presently having an interest in the property.

         (e)   The granting of the variation will not be detrimental to the public welfare or injurious to the other property or improvements in the neighborhood in which the property is located.

         (f)   The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public street, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

(Ord. No. 10-3, § 1, 3-26-10)

Pursuant to the Illinois Statutes a citizen has the right to appeal a decision of the zoning officer. An appeal to the board is appropriate when an applicant for a permit disputes a zoning interpretation made by the zoning officer. Such appeals are based on the contention by the applicant that the zoning officer has improperly interpreted the regulation and that the proper interpretation would allow the applicant's proposed action.

(Ord. No. 10-3, § 1, 3-26-10)