A.

An appeal from any final order or decision of the administrator or building official may be taken to the board of appeals by any person aggrieved. An appeal is taken by filing with the administrator and the board of appeals a written notice of appeal specifying the grounds therefore. A notice of appeal shall be considered filed with the administrator and the board of appeals when delivered to the administrator and all fees are paid.

B.

An appeal must be taken within thirty (30) days after the date of the decision or order appealed from.

C.

Whenever an appeal is filed, the administrator shall forthwith transmit to the board of appeals all the papers constituting the record relating to the action appealed from.

D.

An appeal stays all actions by the administrator seeking enforcement of or compliance with the order or decision appealed from, unless the administrator or building official certifies to the board of appeals that (because of facts stated in the certificate) a stay would, in his or her opinion, cause imminent peril to life or property. In that case, proceedings shall not be stayed except by order of the board of appeals or court, issued on application of the party seeking the stay, for due cause shown, after notice to the administrator.

E.

The board of appeals may reverse or affirm (wholly or partly) or may modify the order, requirement or decision or determination appealed from and shall make any order, requirement, decision or determination that in its opinion ought to be made in the case before it. To this end, the board shall have all the powers under the rules and regulations of the officer from whom the appeal is taken.

F.

If in the opinion of the administrator or the city council an order, a requirement, decision, or determination of the board of appeals on a case before it, other than a variance (see Section 17.18.020) or an interpretation (see Section 17.18.030) violates or contradicts the strict letter of any provision or regulation of this title, the administrator may seek judicial relief under the Administrative Review Law (Chapter 110, Illinois).

(Ord. 2004/05-17 § 1 (part))

A.

An application for a variance shall be submitted to the board of appeals by filing a copy of the application with the administrator. Applications shall be handled in the same manner as application for special permits in conformity with the provisions of Sections 17.18.030 through 17.18.060.

B.

The board of appeals shall not be required to consider an application for a variance that would authorize the initiation of a nonconforming use, that would result in the extension of a nonconforming situation in violation of Chapter 17.28, or that would constitute a total waiver of a provision or regulation of this title. In such cases the administrator shall reject the application and provide a written explanation for the rejection to the applicant. By way of illustration, without limitation, the board of appeals shall consider but not necessarily approve a variance that would slightly reduce a minimum yard dimension required or maximum density allowed, but the administrator shall reject an application for a variance that would virtually waive such standards altogether.

C.

A variance may be granted by the board of appeals if it concludes that by reason of an exceptional situation, surroundings, or condition of a specific piece of property, or by reason of exceptional narrowness, shallowness or shape of a specific piece of property of record, or by reason of exceptional topographical conditions strict enforcement of the title would result in peculiar or exceptional practical difficulties or particular unnecessary hardships for the applicant and that, by granting the variance, the spirit of the title will be observed, public safety and welfare secured, and substantial justice done. It may reach these conclusions if it finds that:

1.

The proposed variance will not impair an adequate supply of light and air to adjacent property, or unreasonably increase the congestion in public streets, or increase the danger of fire or endanger the public safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, or welfare of the inhabitants of the city;

2.

If the applicant complies strictly with the provisions of the title, he or she can make no reasonable use of his or her property;

3.

The hardship of which the applicant complains is one suffered uniquely by the applicant rather than by neighbors or the general public under the same regulation;

4.

The hardship relates to the applicant's land, rather than personal circumstances;

5.

The hardship is unique, or nearly so, rather than one shared by many surrounding properties, under the same regulation;

6.

The hardship is not the result of the applicant's own actions.

D.

In granting variances, the board of appeals may impose such reasonable conditions as will ensure that the use of property to which the variance applies will be as compatible as practicable with the surrounding properties.

E.

A variance may be issued for an indefinite duration or for a specified duration only.

F.

The nature of the variance and any conditions attached to it shall be entered on the face of the zoning certificate, or the zoning certificate may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this title.

G.

If in the opinion of the administrator or the city council a variance approved by the board of appeals is not in harmony with the general purpose and intent of this title or violates or contradicts a specific requirement or provision of this section, the administrator may seek relief under the Administrative Review Law (Chapter 110, Illinois Compiled Statutes).

(Ord. 2004/05-17 § 1 (part))

A.

The board of appeals is authorized to interpret the zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the zoning administrator, they shall be handled as provided in Section 17.18.010.

B.

An application for a map interpretation shall be submitted to the board of appeals by filing a copy of the application with the administrator. The application shall contain sufficient information to enable the board to make the necessary interpretation.

C.

Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

1.

Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams, or railroads shall be construed to follow such centerlines;

2.

Boundaries indicated as approximately following lot lines, city limits or extraterritorial boundary lines, shall be construed as following such lines, limits or boundaries;

3.

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline shall be construed as following such shorelines;

4.

Where a district boundary divides a lot or where distances are not specifically indicated on the official zoning map, the boundary shall be determined by measurement, using the scale of the official zoning map;

5.

Where any street or alley is hereafter officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to that portion of such street or alley added thereto by virtue of such vacation or abandonment.

D.

Interpretations of the location of floodway and floodplain boundary lines may be made by the administrator or building official as provided in Chapter 15.44, "Flood Hazard Area Regulations."

(Ord. 2004/05-17 § 1 (part))

As provided in Section 17.16.180, the board of appeals shall hear and decide all appeals, variance requests, and requests for interpretations as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice per Chapter 17.20, and obtain the necessary information to make sound decisions.

(Ord. 2004/05-17 § 1 (part))

A.

When an appeal is taken to the board of appeals per Section 17.18.010, the administrator shall have the initial burden of presenting to the board sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion.

B.

The burden of presenting evidence sufficient to allow the board of appeals to reach the conclusions set forth in Section 17.18.010(C), as well as the burden of persuasion of those issues, remains with the applicant seeking the variance.

(Ord. 2004/05-17 § 1 (part))

A.

With respect to appeals, a motion to reverse, affirm, or modify the order, requirement, decision, or determination appealed from shall include, insofar as practicable, a statement of the specific reasons or findings of facts that support the motion. If a motion to reverse or modify is not made or fails to receive the four votes necessary for adoption (see Section 17.12.020(D)), then the decision appealed from is upheld.

B.

Before granting a variance, the board must take a separate vote and vote affirmatively (see Section 17.12.010(D)), on each of the six required findings stated in Section 17.18.020(C). Insofar as practicable, a motion to make an affirmative finding on each of the requirements set forth in Section 17.18.020(C) shall include a statement of the specific reasons or findings of fact supporting such motion.

C.

A motion to deny a variance may be made on the basis that any one or more of the six criteria set forth in Section 17.18.020(C) are not satisfied or that the application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact that support it. This motion is adopted as the board's decision if supported by four votes.

(Ord. 2004/05-17 § 1 (part))

The city, through its code administrator, shall not permit the filing of a variance request that asks for variance and relief from the use requirements and restrictions of this title. Variance requests shall be limited to building code, setback, and area requirements that address life safety and lot intensity. Petitioners requesting changes in use must request a zoning reclassification, or the approval of a special use permit.

(Ord. 2004/05-17 § 1 (part))