Sidney City Zoning Code
ARTICLE VI
Zoning Board of Appeals
§ 250-22 Establishment, organization and jurisdiction.
A.
Creation of Zoning Board. The Village Zoning Board of Appeals is hereby established with the powers and duties set forth in this article.
B.
Members and terms of office. The Zoning Board shall consist of five members, who shall be appointed by the Village Board. Members shall serve for a term of three years.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Removal and vacancies. The Village Board shall have the power to remove any member of the Zoning Board from office for cause and after public hearing. A vacancy on the Zoning Board shall be filled for the unexpired term of the member whose place has become vacant.
D.
Chairman and Secretary. The Village Board shall designate one of the members of the Zoning Board as Chairman. The Chairman shall hold that office until his successor is appointed or until the expiration of his term as a member of the Zoning Board. The Chairman, or the Acting Chairman in his absence, may administer oaths and compel the attendance of witnesses. The Zoning Board shall select one of its members as Secretary of the Zoning Board. The Secretary, with the assistance of the Zoning Administrator, shall oversee the maintenance of the records of the files. The Zoning Board may select or appoint such other officers as it deems necessary.
E.
Meetings. All meetings of the Zoning Board shall be held at the call of the Chairman or at such other time the Zoning Board may determine. All meetings shall be held at some public place designated by the Zoning Board and shall be open to the public. At any meetings of the Zoning Board or at any hearings of the Zoning Board, any interested person may appear and may be heard either in person or through his agent or attorney.
F.
Office, minutes and records. The Zoning Board shall, with the assistance of the Zoning Administrator, maintain its office and keep its minutes, files and records in the office of the Village Clerk. The minutes of proceedings of the Zoning Board shall show the vote of each member on every question or indicate that the member was absent or failed to vote. Every rule, regulation, order, requirement, decision or determination by the Zoning Board shall be contained in the minutes. The minutes, files and records of the Zoning Board shall be open to inspection by the public at all reasonable times.
G.
Rules. The Zoning Board may adopt such rules and procedures that are not in conflict with this chapter or in conflict with the laws of the State of Illinois; provided, however, the concurring vote of three members of the Zoning Board shall be necessary to decide in favor of the applicant in any matter upon which it is required to pass under this chapter, or to permit any variance in the application of the regulations imposed by this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
H.
Jurisdiction. The Zoning Board shall have the power and shall be charged with the duty to hear and decide:
§ 250-23 General matters referred to Board.
Any interested person may request the Zoning Board to hear and decide any matters specifically referred to it under this chapter. Such request shall be in writing and shall be filed with the Chairman of the Zoning Board. The Chairman shall fix a reasonable time, not more than 30 days in the future, for the hearing on the request and inform the Secretary of the time and place the hearing will be held. The Secretary shall give due notice of the hearing, in writing, to the person making the request, to the members of the Zoning Board, and to any other persons directly interested in the outcome thereof. It shall not be necessary to publish any notice of a hearing on such a request. The Zoning Board shall decide the matter within a reasonable time after the hearing.
§ 250-24 Appeals.
A.
Procedure on appeals. An appeal from any order, requirement, decision or determination may be taken to the Zoning Board by any persons aggrieved thereby or by any office, department or board of the Village.
(1)
The appeal shall be taken by the applicant by filing a notice of appeal with the Chairman of the Zoning Board within the time established by the Zoning Board by general rule. The notice of appeal shall describe the order, requirement, decision, or determination appealed from and shall specify the grounds for the appeal.
(2)
The Chairman shall fix a reasonable time, not more than 30 days in the future, for the hearing on the appeal and inform the Secretary of the time and place that the hearing will be held.
(3)
The Secretary shall give due notice of the hearing, in writing, to the appellants, the members of the Zoning Board and other persons directly interested in the outcome of the appeal. It shall be necessary to publish any notice of a hearing on an appeal.
(4)
The Zoning Board shall decide the appeal within a reasonable time after the hearing. On an appeal, the Zoning Board shall be limited to a determination of the questioned action and it may reverse or affirm the action appealed from or modify the same, and to that end the Zoning Board shall have all the powers under this chapter. The Zoning Board shall not, by its decision on an appeal, permit a variation in the application of the regulations of this chapter.
B.
Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless, after the notice of appeal has been filed, the Zoning Board shall determine that by reasons of the facts a stay would cause imminent peril to lives or property. In this event, the proceedings shall not be stayed otherwise than by a restraining order which may be granted by order of a court of competent jurisdiction.
§ 250-25 Variations.
A.
Variations which may be permitted. The Zoning Board may vary the application of the regulations imposed by this chapter to permit:
(1)
The reduction of the depth or width of a required yard by not more than 25% of the depth or width required by this chapter, except as provided in § 250-13C of this chapter.
[Amended 1-20-2003 by Ord. No. 2003-01]
(2)
In the C Community Business District, on David Street, North of Wabash Railroad and South of Byron Street, a reduction in the number of off-street parking spaces required about or in connection with a use, and for the same district and area to permit greater coverage than that required by the applicable regulations and to permit the use of a lot for a use otherwise prohibited solely because of the insufficient area of the lot.
B.
Criteria for evaluating variation requests.
(1)
A request for a variation must be based upon practical difficulties and particular hardships in carrying out the strict letter of the regulations relating to the use, erection, conversion, enlargement or alteration of buildings or structures.
(2)
Before granting any request for a variation, and as a condition precedent to granting such a request, the Zoning Board shall hear sworn evidence upon and determine:
(a)
That the property in question cannot be economically used under the conditions allowed by the regulations;
(b)
That the plight of the owner is due to unique circumstances; and
(c)
That the variation, if granted, will not alter the essential character of the locality, impair an adequate supply of light and air to adjacent property, increase the condition of traffic, or diminish or impair property values in all localities.
(3)
Every decision or order of the Zoning Board in granting a request for a variation shall include a statement noting the specific reasons for granting the request.
C.
Procedure on request for variation.
(1)
A request for variation in the application of the regulations proposed by the Zoning Board shall be made in writing by the applicant and shall be filed with the Chairman of the Zoning Board. The request shall be accompanied a by receipt showing the payment of the required fee.
(2)
The Chairman shall fix a reasonable time, not more than 30 days in the future, for the hearing on the request and inform the Secretary of the time and place of the hearing.
(3)
The Secretary shall have notice of the hearing on the request published in a newspaper having general circulation within the Village at least 15 days prior to the hearing. The notice shall contain the time and place of the hearing, and the particular location for which the variation is requested, as well as a brief statement of the nature of the proposed variation.
(4)
The Zoning Board shall act upon the request and recommend to the Village Board, within a reasonable period of time after the hearing, that the request be granted or denied either in whole or in part.
(5)
The Village Board, upon receiving recommendations from the Zoning Board, shall act upon said recommendation within 31 days and shall either accept or reverse the recommendations in whole or in part or return the request to the Zoning Board for further study. It shall require a two-thirds vote of all Village Board members to reverse a recommendation as received from the Zoning Board.
D.
Procedure on request for variation to extend, restore, or alter a nonconforming use.
(1)
The substitution of one nonconforming use for another may be permitted if the substitution is more compatible with its surroundings than the former use.
(2)
The Zoning Administrator shall forward an application for a zoning permit which is required to extend, restore, or alter a nonconforming use under Article VII of this chapter to the Chairman of the Zoning Board of Appeals. The Chairman shall convene a Board meeting within 30 days to consider the request. If the request is approved, the Board shall direct the Zoning Administrator to issue a zoning permit upon payment of the zoning permit fee.