The Zoning Board of Appeals is hereby established in accordance with Illinois law. The Zoning Board of Appeals shall hereinafter be referred to as Board of Appeals. (See 65 ILCS Sec. 5/11-13-3)

The Board of Appeals shall consist of seven (7) members , all of whom shall reside within the Village. Each Board member shall be appointed by the Mayor with the advice and consent of the Board of Trustees. One (1) of the members so appointed shall be named as Chairman at the time of his appointment. The Board of Appeals shall select one (1) of its members to be the vice-chairman and one (1) the secretary. Each Board member shall receive compensation as established by the Village Board.

[ED. NOTE: A Village (elected) Official is not eligible to serve on this Board.]

Every member of the Board of Appeals, which was established pursuant to the former Zoning Code shall be entitled to serve on the Board of Appeals established by this Section until the date his term of office would have expired if the former Zoning Code had remained in effect. Any person appointed to the Board of Appeals on or after the effective date of this Code shall hold office for five (5) years from the date of his appointment, and until his successor has been selected and qualified.

With the advice and consent of the Board of Trustees, the Mayor may remove any member of the Board of Appeals for cause after a public hearing. Vacancies on the 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.

All meetings of the Board of Appeals shall be held at the call of the Chairman and at such times as the Board of Appeals may determine. All Board meetings shall be open to the public. The Board of Appeals may adopt their own rules of meeting procedures consistent with this Code and the applicable Illinois Statutes. The Board of Appeals may select such officers as it deems necessary. The Chairman, or in his absence, the Acting Chairman may administer oaths and compel the attendance of witnesses. Four (4) members of the Board of Appeals shall constitute a quorum, and the affirmative vote of at least four (4) members shall be necessary to authorize any Board of Appeals action. (See Sec. 40-10-6 for vote on decisions of Board.)

The 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 recommendation of the Board of Appeals shall be filed immediately with the Village Clerk and shall be a public record.

The concurring vote of four (4) members of the Board of Appeals shall be necessary to recommend a variance, special-use permit or an amendment to the Village Board. The recommendation of the Board of Appeals shall be by written letter and shall contain its findings of fact. A copy shall be sent to the Village Board.

No decision by the Village Board granting a variance or special-use permit shall be valid for a period longer than twelve (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. However, the Zoning Administrator may grant additional extensions of time not exceeding one hundred eighty (180) days, each upon written application made within the initial twelve (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.

All decisions of the Village Board, shall in all instances be the final administrative determination and shall be subject to review by a court in the manner provided by applicable Illinois Compiled Statutes. No applicant shall apply for the same or identical request for a period of one (1) year unless the facts and/or request have substantially changed.

[ED. NOTE: The Village Board will need to pass an ordinance each time it takes action on a special-use permit, variance or amendment.]

The Secretary of the Board of Appeals shall be appointed by the Board of Appeals to serve a until a successor is appointed. The Secretary shall record the minutes of the Board of Appeal’s proceedings and actions, showing the vote of each member upon each question or if absent or failing to vote, indicating such fact. The Secretary shall perform such other duties as may be assigned from time to time by the Board of Appeals.

Any person aggrieved by any decision or order of the Zoning Administrator in any matter related to the interpretation or enforcement of any provision of this Code may appeal to the Board of Appeals on a prescribed form. Every such appeal shall be made and treated in accordance with Illinois law and the provisions of this Division. (See 65 ILCS Sec. 5/11-13-12)

Every appeal shall be made within forty-five (45) days of the matter complained of by filing with the Administrator and the Board of Appeals a written notice specifying the grounds for appeal. Every appeal shall also be filed with the Soil and Water Conservation District pursuant to State law. Not more than five (5) working days after the notice of appeal has been filed, the Administrator shall transmit to the Board of Appeals all records pertinent to the case. (See 65 ILCS Sec. 5/11-13-12) (See 70 ILCS Sec. 405/22.02A)

An appeal stays all further action on the matter being appealed unless the Administrator certifies to the Board of Appeals after the notice of appeal has been filed with him, that for reasons stated in the certificate, a stay would cause imminent peril to life or property. In such case, further action shall not be stayed unless the Board of Appeals or the Circuit Court grants a restraining order for due cause and so notifies the Administrator. (See 65 ILCS Sec. 5/11-13-12)

The Board of Appeals shall hold a public hearing on every appeal within a reasonable time after the filing of the appeal notice. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and briefly describing the issue to be decided shall be given not more than thirty (30) days nor less than fifteen (15) days before the hearing:

1. By publication in a newspaper of general circulation within this Municipality; and
2. By certified mail to the applicant; and,
3. By first-class mail to all owners of property contiguous to any property affected by the appeal.

(See 65 ILCS Sec. 5/11-13-12)

The Board of Appeals shall render a decision on the appeal within thirty (30) days after the hearing therein. The Board of Appeals may reverse or affirm, wholly or partly, or may modify or amend the decision or order appealed from the extent and in the manner that they deem appropriate. In so doing, the Board of Appeals has all the power of the Administrator. (See 65 ILCS Secs. 5/11-13-3 and 5/11-13-12)

ED. NOTE: The Board of Appeals is delegated the task of hearing appeals from the decisions of the zoning administrator or other official charged with enforcement of an ordinance passed pursuant to the Zoning Enabling Act. This may, for example, entail determining whether there has been a discontinuance of a nonconforming use. It is important for the applicant to note the appeal process because of the requirement of exhaustion of administrative remedies before suit is filed as well as the more obvious reason of using a less expensive administrative process for correcting a mistake or error which may have been made by the zoning administrator. (See 65 ILCS Sec. 5/11-13-3)

1. A variance is a relaxation of the requirements of this Code that are applicable to a particular lot or structure. [i.e. set-back requirements]
2. 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 Section 40-10-30.
   

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. The Administrator shall promptly transmit said application, together with any device he might wish to offer, to the Board of Appeals. The application shall contain sufficient information to allow the Board of Appeals to make an informed decision and shall include, at a minimum, the following: (NOTE: Filing fee required.) [See 70 ILCS Sec. 405/22.02(A)]

1. Name and address of the applicant;
2. Location of the structure/use for which the variance is sought;
3. Brief description of adjacent lots, structures, and/or uses;
4. Brief description of the problems/circumstances engendering the variance request;
5. Brief, but specific, explanation of the desired variance;
6. Specific section(s) of this Code containing the regulations which, if strictly applied, would cause a serious problem; and
7. Any other pertinent information that the Administrator may require.
   

The Board of Appeals shall hold a public hearing on each variance request within sixty (60) days after the variance application is submitted to them. At the hearing any interested party may appear and testify either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed variance shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing;

1. By certified mail to the applicant and
2. By publication in a newspaper of general circulation within the Municipality and,
3. By first-class mail to all owners of property contiguous to the property affected by the proposed variance. (See 65 ILCS Sec. 5/11-13-7)
   

The Board of Appeals shall not recommend any variance unless they find that the proposed variance is consistent with the general purposes of this Code, and that the strict application of the district requirements would result in great practical difficulties of hardship to the applicant. More specifically the 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 permitted to be used only under the conditions allowed by the regulations in that zone; and
2. The plight of the owner is due to peculiar circumstances; and
3. 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 (rezoning); and
4. 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 this Municipality’s comprehensive plan. (See 65 ILCS Sec. 5/11-13-5)
   

The Board of Appeals shall be required to submit an advisory report on all applications within thirty (30) days after the final hearing thereon. A copy of the Board of Appeal’s report shall be transmitted to the applicant or appellant and to the Zoning Administrator. The Board of Appeals shall specify the terms of relief recommended (if any) in one statement and their findings of fact in another statement. The findings of fact shall clearly indicate the Board of Appeal’s reasons for recommending or denying any requested variance.

The Village Board shall act on every proposed variance at their next regularly scheduled meeting following submission of the advisory report of the Board of Appeals. Without further public hearing, the Village Board may approve or disapprove any proposed variance by simply majority vote of all the members then holding office. Such decision shall be binding upon the Zoning Administrator and observed by him. The Administrator 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 Appeals.

This Code divides the Village into various districts, and permits in each district as a matter of right only those uses which are clearly compatible with one another. Certain other uses, because of their special operational or physical characteristics, may or may not have a detrimental impact on nearby permitted uses, depending upon their precise location, manner of operation and other factors. Such "special uses" require careful case-by-case review, and may be allowed only after review and approval by the Board of Appeals.

[ED. NOTE: Special uses are listed in each zone district in Article 40-IV.]

Every applicant for a special-use permit shall submit to the Zoning Administrator in narrative and/or graphic form, the items of information enumerated below. The Administrator shall promptly transmit the completed application, together with any comments or recommendation he might have, to the Board of Appeals for further consideration. (NOTE: Filing fee required in Section 40-9-14)

ITEMS OF INFORMATION:

1. Name and address of the applicant;
2. Name and address of the owner or operator of the proposed structure or use, if different from (A);
3. Nature of the proposed use, including type of activity, manner of operation, number of occupants or employees, and similar matters;
4. Location of the proposed use or structure, and its relationship to existing uses of structures on adjacent lots;
5. Area and dimensions of the site for the proposed structure or use;
6. Existing topography of the site and proposed finished grade;
7. Existing and proposed screening, landscaping, and erosion control features on the site, including the parking area;
8. Height and setbacks of the proposed structure;
9. Number and size of the proposed dwelling units, if any;
10. Number and location of proposed parking/loading spaces and access ways;
11. Identification and location of all existing or proposed utilities, whether public or private; and/or
12. Any other pertinent information that the Administrator may require;
13. Location of any signs.

The Board of Appeals shall hold a public hearing on every special-use permit application within sixty (60) days after the application is submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing, and the nature of the proposed special-use shall be given not more than thirty (30) days nor less than fifteen (15) days before the hearing:

1. By certified mail to the applicant; and,
2. By publication in a newspaper of general circulation within this Municipality.
3. By first-class mail to all owners of property contiguous to the property affected by the proposed special-use request. (See 65 ILCS Sec. 5/11-13-7)
   

Within thirty (30) days after the public hearing, the Board of Appeals shall prepare an advisory report. In deciding the recommendation, the Board of Appeals shall consider the following factors:

1. Whether the proposed design, location, and manner of operation of the proposed special use will adequately protect the public health, safety, and welfare, and the physical environment;
2. Whether the proposed special-use is consistent with this Municipality’s comprehensive plan, if any:
3. The effect the proposed special-use would have on the value of neighboring property and on this Municipality’s overall tax base;
4. The effect the proposed special-use would have on the public utilities and on the traffic circulation on nearby streets; and
5. Whether there are any facilities near the proposed special-use (such as schools or hospitals) that require special protection.
   

The Village Board shall act on every request for a special-use permit at their next regularly scheduled meeting following submission of the advisory report by the Board of Appeals. Without further public hearing, the Village Board may approve or disapprove the special-use permit by an ordinance passed by simple majority vote of all members then holding office. In a separate statement accompanying any such ordinance, the Village Board shall state their findings of fact, and indicate their reasons for a special-use permit. (See 65 ILCS Sec. 5/11-13-1)

As set forth at Section 40-3-7, requests for temporary use permits shall be treated in the same manner as requests for special use permits. The Board of Appeals shall issue no temporary use permit for a period longer than one (1) year but may renew any such permit as they see fit.

The Village Board may amend this Code in accordance with State law and the provisions of this Section. Proposed alterations of district boundaries or proposed changes in the status of uses (permitted, special, prohibited) shall be deemed proposed amendments. Amendments may be proposed by the Village Board, the Zoning Board of Appeals, the Zoning Administrator or any party in interest. (See 65 ILCS Sec. 5/11-13-14)

Every proposal to amend this Code shall be filed with the Zoning Administrator on a prescribed form. Every amendment proposal shall also be filed with the Soil and Water Conservation District pursuant to State law. The Administrator shall promptly transmit the proposal, together with any comments or recommendations he might wish to make to the Board of Appeals for a public hearing. (NOTE: Filing fee required.)

The Board of Appeals shall hold a public hearing on every amendment proposal within sixty (60) days after said proposal has been submitted to them. At the hearing, any interested party may appear and testify, either in person or by duly authorized agent or attorney. Notice indicating the time, date, and place of the hearing and the nature of the proposed amendment shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

1. By certified mail to the applicant; and,
2. By publication in a newspaper of general circulation within the Municipality.
3. By first-class mail to all owners of property contiguous to the property affected by the proposed amendment. (See 65 ILCS Sec. 5/11-13-14)
   

Within thirty (30) days after the public hearing, the Board of Appeals shall submit their advisory report to the Village Board. The report shall state the recommendations of the Board of Appeals regarding adoption of the proposed amendment and their reasons therefor. If the effect of the proposed amendment would be to alter district boundaries or to change the status of any use, the Board of Appeals shall include in their advisory report findings of fact concerning each of the following matters:

1. Existing use and zoning of the property in question;
2. Existing uses and zoning of other lots in the vicinity of the property in question;
3. Suitability of the property in question for uses already permitted under existing regulations;
4. Suitability of the property in question for the proposed use;
5. The trend of development in the vicinity of the property in question, including changes (if any) which may have occurred since that property was initially zoned or last rezoned.
   

The Village Board shall act on every proposed amendment at their next regularly scheduled meeting following submission of the advisory report of the Board of Appeals. Without further public hearing, the Village Board may approve or disapprove any proposed amendment or may refer it back to the Board of Appeals for further consideration by simple majority vote of all the members then holding office.

The favorable vote of at least two-thirds (2/3) of the members of the Village Board is required to pass an amendment to this Code in each of the following instances:

1. When passage would be contrary to the recommendation of the Board of Appeals.
2. When the amendment is opposed, in writing, by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered.
   

In cases of written opposition to an amendment of this Code as prescribed in Section 40-10-35, a copy of the written protest shall be served by the protester or protesters on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment.