The Committee of the Building and Grounds is to be responsible for enforcing this chapter. Such individuals have the power and shall see that the provisions of this chapter are properly enforced.

(Ord. passed 8-4-86)

   Every application for zoning/building permit submitted, shall be accompanied by a site plan, drawn to scale, showing the lot and the building site and location of existing buildings on the lot; the site plan shall also show all accessory buildings existing and proposed, all existing and proposed off-street parking, accurate dimension of the lot, yards and building or buildings, together with locations, size and use of any land and all buildings not on the lot and within 50 feet from the boundaries thereof, unless separated therefrom by a street, together with such other information as may be necessary to the enforcement of this chapter.

(Ord. passed 8-4-86)

   In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of health, safety, morals, convenience or the general welfare.

(Ord. passed 8-4-86)

   (A)   A certificate of occupancy to be issued by the Buildings and Grounds Committee shall be required for any of the following, except buildings incidental to agricultural operations other than residences:

      (1)   Occupancy and use of a building hereafter erected or enlarged.

      (2)   Change in use of an existing building.

      (3)   Occupancy and use of vacant land except for the raising of crops.

      (4)   Change in the use of land to a use of a different classification except for the raising of crops.

      (5)   Any change in the use of a nonconforming use.

   (B)   No such occupancy, use or change of use shall take place until a certificate of occupancy therefor shall have been issued.

   (C)   Written application for a certificate of occupancy for a new building or for an existing building which has been enlarged shall be made at the same time as the application for the zoning/building permit for such building. No fee shall be charged for an original certificate applied for coincident with the application for a zoning/building permit; for all other certificates or for copies of any original certificate, there shall be a charge of $5 each. The certificate shall be acted upon within five days after a written request for the same has been made to the Building and Grounds Committee after the erection or enlargement of such building or part thereof has been completed in conformance with the provisions of this chapter.

   (D)   Pending the issuance of such a certificate, a temporary certificate of occupancy may be issued by the Building and Grounds Committee for a period of not more than six months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. Such temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the city relating to the use or occupancy of the land or building, or any other matter covered by the chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants. A fee of $5 shall be charged for each temporary or renewed temporary occupancy certificate.

   (E)   Written application for a certificate of occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in a nonconforming use, as herein provided, shall be made to the Building and Grounds Committee.

   (F)   If the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy therefor shall be issued within five days after application for the same has been made.

   (G)   Each certificate of occupancy shall state that the building or proposed use of the building or land complies with all provisions of this chapter.

   (H)   A record of all certificates of occupancy shall be kept on file in the office of the City Clerk and a copy shall be forwarded, on request, to any person having proprietary or tenancy interest in the building or land affected.

(Ord. passed 8-4-86)

   (A)   A Board of Appeals is hereby established. The word BOARD, when used in this section shall be construed to mean the Board of Appeals.

      (1)   The Board of Appeals shall consist of seven members appointed by the Mayor with the approval and consent of the City Council. The term of office of the members of the Board shall be five years. However, as soon as practicable after adoption of this section, the City Clerk, after notice to the members of the ZBA of the date and time, shall place the names of the members of the Polo ZBA in a container and shall draw names such that the first name drawn shall serve for one year, the second for two years, the third for three years, the fourth for four years, the fifth for five years, the sixth for six years and the seventh for seven years. The successor to each member shall serve for a term of five years.

      (2)   After such first appointment one member shall be appointed annually for a term of five years. Vacancies shall be filled for the unexpired term of any member whose place has become vacant. The City Council shall have the power to remove any member of the Board for cause and after a public hearing. One of the members so appointed shall be named as chairman at the time of his or her appointment. Such chairman, or in his or her absence, the acting chairman, may administer oaths and compel the attendance of witnesses.

      (3)   The Board, in existence at the time of the passage of this chapter, shall be recognized as the Zoning Board of Appeals established under this chapter, and the members previously appointed under the old ordinances shall be recognized as members thereof, and shall serve for such period of time as designated at the time of appointment, the time to run from the date of the original appointment under the old ordinance.

   (B)   Appeals.

      (1)   An appeal to the Board may be taken by any person aggrieved or by any officer, department, board or bureau of the city. Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by filing with the Committee on Buildings and Grounds and with the Board a notice of appeal, specifying the grounds thereof. The Committee on Buildings and Grounds shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

      (2)   An appeal stays all proceedings in furtherance of the section appealed from, unless the Committee on Buildings and Grounds certifies to the Board after the notice of appeal has been filed with in their opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by restraining order which may be granted by the Board or by a court of record on application, on notice to the Committee on Buildings and Grounds and on due cause shown.

      (3)   The Board shall fix a reasonable time for the hearing of the appeal and give notice thereof to the parties and decide the same within a reasonable time. Upon the hearing, any party may appear in person, or by agent or by attorney.

   (C)   Jurisdiction.

      (1)   The Board shall not have the power to change the classification of property nor to make any changes in the regulations of the ordinance, but shall have the following powers only:

         (a)   To adopt from time to time such rules and regulations as may be deemed necessary to carry into effect the provisions of this chapter.

         (b)   To interpret the provisions of this chapter and to hear and decide appeals where it is alleged there is an error in any order, requirements, decision or determination made by the Committee on Buildings and Grounds in the enforcement of this chapter.

         (c)   To hear and pass upon applications for variations from the terms provided in this comprehensive amendment in the manner prescribed by and subject to the standards established herein.

         (d)   To hear and decide all matters referred to it or upon which it is required to pass under this amendment as prescribed by statute.

      (2)   In exercising the above mentioned powers, the Board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly or may modify the order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the Committee on Buildings and Grounds, provided that no variations shall be made except in a specific case and after public hearing before the Board, of which there shall be at least 15 days' notice of the time and place of such hearing published in an official paper or a paper of general circulation in the city, notice to provide that no variation shall be made except in a specific case and shall contain the particular location for which the variation is requested, as well as a brief statement of what the proposed variations consists.

      (3)   The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Committee on Building and Grounds, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to affect any variation in this chapter.

      (4)   Every variation shall be accompanied by finding of fact specifying the reasons for making such variation.

   (D)   Meetings. All meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the Board and shall be a public record.

(Ord. passed 8-4-86; Am. Ord. 21-12, passed 6-7-21; Am. Ord. 21-14, passed 6-7-21)

   (A)   Purpose. The Board, after public hearing, may determine and vary the regulations of this chapter in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Board of Appeals makes findings of fact in accordance with the standards hereinafter prescribed, and further finds that there are practical difficulties or hardships in the way of carrying out the strict letter of the regulations of this chapter.

   (B)   Application for variation and notice of hearing. An application for a variation shall be filed in writing with the Buildings and Grounds Committee. The application shall contain such information as the board may from time to time, by rule, require.

      (1)   Variations other than those authorized by division (D)(1) to (7) of this section on which the Board may act, shall be submitted to the Board and acted on in the following manner:

      (2)   The Zoning Board of Appeals shall publish notice of a public hearing on such application for variation, stating the time and place and the purpose of the hearing. Such publication shall be at least 15 days in advance of such hearing, but not more than 30 days prior to such hearing, and shall be published in a newspaper of general circulation in the city. In addition, notice of the public hearing shall be mailed to the petitioner and the owners of all property deemed by the Zoning Board of Appeals to be affected thereby. The cost of publication and the cost of notifying the affected property owners shall be borne by the petitioner.

      (3)   (a)   The Board shall, within 30 days after the public hearing, or hearing, make its recommendations to the City Council in writing. The City Council shall pass upon such petition for variance no later than the third regular meeting of the City Council following receipt of the Board’s written recommendations. If the City Council refers the matter back to the Board for further consideration, the time lines provided herein for the Board’s written recommendations and the City Council’s deadline for making a final decision begin anew.

         (b)   In the event that the City Council fails to act on the petition within the time limits as provided above, such Petition shall be deemed to have been granted.

         (c)   Any proposed variance which fails to receive the approval of the Zoning Board of Appeals shall not be passed by the corporate authorities except by the favorable vote of two-thirds of all aldermen then holding office.

   (C)   Standards for variations. The Board shall not vary the regulations of this chapter, nor recommend to the City Council variation of this chapter, unless it shall make findings based upon the evidence presented to it in each specific case that:

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

      (2)   The conditions upon which the 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 within the same zoning classification.

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

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

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

      (6)   The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The Board may impose such conditions and restrictions from upon the premises benefited by variation as may be necessary to comply with the standards established in this division (6) to reduce or minimize the effect of such variation upon other property in the neighborhood and to better carry out the general intent of this chapter.

   (D)   Authorized variations. Variations from the regulations of this chapter shall be granted by the Board only in accordance with the standards established in division (C) above, and may be granted only in the following instances and in no others:

      (1)   To permit any yard or setback less than the yard or setback required by the applicable regulations, but not more than 50%.

      (2)   To permit the use of a residential lot or lots for a use otherwise prohibited solely because of the insufficient area or length or width of the residential lot or lots subject to § 152.075. For real estate not classified as residential, the owner(s) may apply for a variation to permit the use of said lot or lots for a use otherwise prohibited solely because of the insufficient area or length or width of said lot or lots, but in no event shall the respective area or length or width of the lot be less than 90% of the required area, length or width.

      (3)   To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided the substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week.

      (4)   To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or 20% of the applicable regulations, whichever number is greater.

      (5)   To increase by not more than 25% percent the maximum distance required that parking spaces are permitted to be located from the use served.

      (6)   To increase by not more than 20% the gross area of any sign.

      (7)   To increase by not more than 10% percent the maximum gross floor area of any use so limited by the applicable regulations.

      (8)   To permit the division of an existing improved zoning lot into two or more improved zoning lots even though one or more of the resulting lots does not conform with all of the applicable bulk regulations of the zoning district in which the property is located.

      (9)   To exceed any of the authorized variations allowed under this section, when the lot of record on a zoning lot, vacant or legally used on August 4, 1986, is by reason of the exercise of the right of eminent domain by any authorized governmental body or by reason of a conveyance and under threat of an eminent domain proceeding reduced in size so that the remainder of the lot of record or zoning lot or structure on the lot does not conform with one or more of the regulations of the district in which the lot of record or zoning lot or structure is located. The concurring vote of four members of the Board shall be necessary to grant a variation. No order of the Board granting a variation shall be valid for a period longer than one year from the date of such order, unless a building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.

      (10)   In addition to and not in lieu of the existing “authorized variations”, the city may also grant a variance for the erection of a fence of more than 48 inches in height but not more than 72 inches in height between the property line and 24 inches from the property line (see § 152.018(F)(1)(e)). If the city grants such variance, then prior to receiving a building permit for such fence placement, the owner(s) shall submit evidence of boundary monumentation prepared by an Illinois Registered Land Surveyor, and further provided that the fence does not extend beyond the front of the residence as it faces the street. The application for a zoning variation shall be subject to the required conditions and procedures as provided in the City of Polo Code of Ordinances.

      (11)   To permit the height of a private garage to exceed 14 feet.

(Ord. passed 8-4-86; Am. Ord. 00-02, passed 2-7-00; Am. Ord. 03-07, passed 7-7-03; Am. Ord. 09-22, passed 9-8-09; Am. Ord. 15-13, passed 9-21-15; Am. Ord. 20-17, passed 12-7-20; Am. Ord. 21-14, passed 6-7-21; Am. Ord. 22-01, passed 1-17-22)