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 Zoning Hearing Officer on a prescribed form. Every such appeal shall be made and treated in accordance with Illinois law and the provisions of this Section. (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 Hearing Officer a written notice specifying the grounds for appeal. Not more than five (5) working days after the notice of appeal has been filed, the Administrator shall transmit to the Hearing Officer all records pertinent to the case.

An appeal stays all further action on the matter being appealed unless the Administrator certifies to the Hearing Officer, 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 Hearing Officer or the circuit court grants a restraining order for due cause, and so notifies the Administrator.

The Hearing Officer- shall hold a hearing on every appeal not later than sixty (60) days 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 of the hearing shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

   (A)   By registered mail to the petitioner and to every owner of property adjacent to the premises to which the appeal is requested; and

   (B)   By publication in a newspaper of general circulation within this municipality.

This notice shall indicate the time, date, and place of the hearing, the particular location for which the appeal is requested and briefly describe the issue to be decided.

The Hearing Officer shall be required to decide all appeals within thirty (30) days after the final hearing thereon. A certified copy of the Hearing Officer's decision shall be transmitted to the applicant or appellant and to the Zoning Inspector. Such decision shall be binding upon the Zoning Inspector and observed by him and he 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 Hearing Officer. (See 65 ILCS Sec. 5/11-13-2)

A "lot size/bulk variance" means a relaxation of the strict application of the lot size and/or bulk requirements applicable to a particular lot or structure.

Every application for a lot size/bulk variance shall be filed with the Administrator on a prescribed form. The application shall contain sufficient information to allow the Hearing Officer to make an informed decision. (See 70 ILCS Sec. 40-5/22.02A)

   (A)   The Hearing Officer shall hold a public hearing on any application for a variance not later than sixty (60) days after its filing. At the hearing, any interested party may appear and testify, either in person, or by legal counsel. The Hearing Officer shall hear the application (or any modified application) in accordance with its usual procedures. At the conclusion of the hearing, the Hearing Officer issues an advisory report to the City Council, containing findings of fact as specified in Section 40-9-21 herein, which shall recommend either granting the application, with or without modification, or denying the application. The Hearing Officer may also refer the application back to the applicant for proposed modification. If the application is subsequently granted by the City Council, a copy of the final plan shall be maintained on file with the City clearly noting all conditions of approval and the date approved for issuance of a variance. If the application is denied by the City Council, the applicant shall not again apply for a variance for substantially the same proposal unless there has occurred a substantial change in circumstances the basis of which shall be specifically noted on the supplemental application, and in such case, only with the Hearing Officer’s consent first obtained, otherwise not earlier than one (1) year after the date of the denial by the City Council. If the application is referred back for modification, the applicant may resubmit the application in accordance with the directions of the Hearing Officer, if any, otherwise in time for the next regularly scheduled meeting of the Hearing Officer.

   (B)   The Hearing Officer may revoke a variance issued under this Article if:

      (1)   the proposal for which a variance has been issued is not carried out pursuant to the approved final site plan; or

      (2)   if any condition or requirement included in the variance is not complied with. The Hearing Officer may, however, allow modifications of the final plan, before completion, in conformity with the applicable provisions for review as provided for in this Article.

   (C)   A variance issued under this Article shall expire if the proposal authorized by the variance is not completed within the development schedule therefore included in the application, or conditions imposed on same by the Hearing Officer or City Council.

   (D)   After the final plan has been completed, it shall be a permanent site plan and shall not be modified, nor shall any additions be made thereto, except with the applicable provisions of this Article. (Ord. No. 1483; 04-27-09)

Notice of the public hearing shall be given not more than thirty (30) nor less than fifteen (15) days before the hearing:

   (A)   By registered mail to the applicant and to every owner of property adjacent to the premises for which the variance is requested; and

   (B)   By publication in a newspaper of general circulation within this municipality. This notice shall indicate the time, date, and place of the hearing, the particular location for which the variance is requested, and the nature of the proposed variance. (See 65 ILCS Sec. 5/11-13-6)

The Hearing Officer shall not recommend to the City Council approval of any lot size/bulk variance unless it finds 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 or hardship to the applicant. More specifically, the Hearing Officer shall not recommend approval of any variance to the City Council unless it determines, based upon the evidence presented to it, that:

   (A)   The property in question cannot yield a reasonable return if the district regulations are strictly applied; and

   (B)   The plight of the applicant is due to peculiar circumstances not of his own making; and

   (C)   The variance, if granted, will not be detrimental to the public health, safety, and welfare.

(Ord. No. 1483; 04-27-09)

Not later than ten (10) days after the public hearing, the Hearing Officer shall submit its advisory report/findings of fact to the City Council, taking into account the factors set forth in Article III, Section 40-9-21. The City Council shall act on every proposed variance at its next regularly scheduled meeting following submission of the Hearing Officer’s submission of its advisory report. The City Council, without further public hearing, may by simple majority vote, approve or reject any proposed variance, or may refer it back to the Hearing Officer for further consideration. A certified copy of the City Council’s decision shall be transmitted to the applicant or appellant and to the Zoning Administrator. Such decision shall be binding upon the Zoning Administrator and observed by him and he shall be required to incorporate the terms and conditions of the same in the Zoning Certificate to the applicant or appellant. (Ord. No. 1483; 04-27-09)

Under no circumstances shall the Hearing Officer grant a variance to allow any use that is specifically or by implication (see Section 40-3-4) prohibited in the district involved. A "use variance" constitutes an amendment to this Code, and may be obtained only in the manner set forth in Section 40-8-9 et seq.

By resolution, the City Council shall establish (and may periodically amend) a schedule of filing fees for the various permits and procedures listed in this Code. Said fees are intended to defray the administrative costs connected with the processing/conducting of such permits or procedures; the fees do not constitute a tax or other revenue-raising device. All such fees shall be paid by the applicant to the City and are non-refundable. A current schedule of filing fees shall be maintained in the Administrator's office and file with the City Clerk.