(1)   The purpose of this subchapter is to establish procedures for appeals from administrative decisions and procedures for relief from the provisions of this chapter through variations.

      (2)   No zoning ordinance can anticipate every situation or condition that will be encountered when administering the regulations. This chapter provides for a form of relief or adjustment. The method of relief has typically been through the Planning and Zoning Board. The Planning and Zoning Board hears appeals on administrative interpretations and acts on requests for variations from this chapter.

      (1)   The Planning and Zoning Board shall consist of seven members appointed by the Village President, and confirmed by the Village Board of Trustees. One member shall be appointed for one year, one for two years, one for three years, one for four years, one for five years, one for six years, and one for seven years; the successor to each member to be appointed to serve for a term of five years. One of the members so appointed shall be named as Chairperson by the Village President, with the consent of the Village Board of Trustees; said Chairperson shall also assume the duties of the Zoning Administrator as described in this chapter.

      (2)   One of the members so appointed shall be named as Secretary by the Village President, with the consent of the Village Board of Trustees. In the event of the absence of the Chairperson, the Secretary shall act in their place and stead as Acting Chairperson.

      (3)   The appointing authority has the power to remove a member of the Planning and Zoning Board for cause, including but not limited to missing four consecutive Planning and Zoning Board meetings, and after a public hearing. Vacancies shall be filled for the unexpired term of a member whose place has become vacant. All meetings of the Planning and Zoning Board shall be held at the call of the Chairperson, and at such other times as the Planning and Zoning Board may determine. The Chairperson, or in their absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses. All regular meetings of the Planning and Zoning Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions. Every decision upon which the Planning and Zoning Board is required to act under this chapter shall be a public record.

         (a)   The concurring vote of four members of the Planning and Zoning Board shall be necessary to decide in favor of the applicant in any matter which it is required to pass under this chapter.

         (b)   Decisions of the Planning and Zoning Board shall be made at a public meeting by motions made and seconded, and by roll can vote. The motions shall include findings as specified in this chapter.

         (c)   All reports, testimony, exhibits, plans or specifications which were considered by the Planning and Zoning Board shall be made a part of the record of the case.

(Ord. 2020-O-3, passed 2-18-2020)

   The Planning and Zoning Board is hereby invested with the following jurisdiction and authority:

   (A)   To hear and decide appeals from any order, requirement, decision, or determination made by the Village Building Official or the Zoning Administrator under this chapter.

   (B)   To hear and decide variations from the terms provided in this chapter in the manner set forth in the applicable statutes of the State of Illinois and subject to the standards set forth in this chapter.

   (C)   To hear and decide all matters referred to it or upon which it is required to pass under this chapter.

   (D)   To receive from the Village Building Official and the Village Clerk all applications required by this chapter.

   (E)   To hold public hearings in matters pertaining to applications uses and amendments required by this chapter, and submit reports to the Village Board of Trustees setting forth its findings and recommendations in the manner prescribed in this subchapter.

   (F)   To keep minutes of its proceedings, showing the vote of each member upon every question, indicating that the member was absent or failed to vote, and shall also keep records of all its official actions.

   (G)   To file with the Village Clerk and make a matter of public record, every rule, regulation amendment, order, requirement, decision, or determination of the Planning and Zoning Board.

   (H)   To initiate, direct, and review, from time to time, studies of the provisions of this chapter and to make reports of its recommendations to the Village Board of Trustees not less frequently than once each year.

   (I)   To hear and report on all matters which it is required to consider under this chapter, or that which may be specifically delegated to the Planning and Zoning Board by the Village Board of Trustees.

   (J)   To prepare and recommend to the Village Board of Trustees, a comprehensive plan for the village and its peripheral area and, from time to time, to review and propose any needed amendments to the plan.

   (K)   To prepare and recommend to the Village Board of Trustees, from time to time, plans for specific improvements in pursuance of the official comprehensive plan.

   (L)   To consider all amendments to this chapter, and make recommendations to the Village Board of Trustees.

   (M)   To review subdivision plans and make recommendations thereon to the Village Board of Trustees.

   (N)   To review the zoning and special use cases before the Champaign County Planning and Zoning Board which are located within one and one-half miles of the limits of the village, and textual amendments to the Champaign County Zoning Ordinance under consideration by the Champaign County Planning and Zoning Board, and make recommendations thereon to the Village Board of Trustees.

(Ord. 2020-O-3, passed 2-18-2020)

      (1)   Applicants, or their authorized agents, may request an amendment of an application for a variation or an appeal, by submitting a request in writing prior to the beginning of the public hearing, or to the Planning and Zoning Board at the public hearing. The request shall specify the proposed amendment and reason for the request.

      (2)   The Planning and Zoning Board shall make a finding as to whether there is substantial difference between the case as it has been described in the public notice and the case as amended. If substantial difference is found, a new public notice shall be required and a new sign shall be posted before the hearing of the case may proceed.

      (3)   The Planning and Zoning Board shall also determine whether the nature of the amendment is such as to require referral for reexamination by Planning and Zoning Board members having made reports on the original application. If such referral is found necessary, the Planning and Zoning Board may proceed with the hearing or may continue it to a time and place specified.

(Ord. 2020-O-3, passed 2-18-2020)

      (1)   Name and address of applicant.

      (2)   The section of this chapter subject to the appeal.

      (3)   A description of the order, decisions, or determination of the Zoning Administrator being appealed.

      (4)   The grounds or reasons that appeal is being filed.

      (1)   That the provision in question is unclear and an interpretation is necessary to determine the intent and application of the provision.

      (2)   That the Zoning Administrator misinterpreted the provisions of this chapter.

      (3)   That the section of this chapter does not apply in this situation.

      (1)   The Planning and Zoning Board shall decide the appeal by the next regular meeting after the close of the hearing.

      (2)   The Planning and Zoning Board shall not, based on its decision on an appeal, grant a variation in the application of the regulations of this chapter.

      (3)   The Planning and Zoning Board may only reverse any order, requirement, decision, or determination of the Zoning Administrator with a concurring vote of four members of the Planning and Zoning Board.

      (4)   If the Planning and Zoning Board reverses or modifies any action of the Zoning Administrator, such decision shall state the findings that support the ruling.

(Ord. 2020-O-3, passed 2-18-2020)

      (1)   A variation is a grant of relief from the terms of this chapter. The purpose of a variation is to ensure that no property shall be deprived unreasonably of the development opportunities commonly enjoyed by other property in the same locality and district. A variation from the requirements of this chapter may only be granted to the Planning and Zoning Board finding that the criteria, as specified herein, have been satisfied.

      (2)   It is important to note that a variation is not a matter of right. There should be some hardship or unique conditions which prevent the property from being used as other similarly situated properties.

      (1)   Name and address of the applicant.

      (2)   Existing zoning classification.

      (3)   The provision of this chapter that the applicant is seeking to vary and a description of the variation being sought.

      (4)   Legal description and common address for each property for which zoning action is requested.

      (5)   A description of the facts supporting each of the required findings of fact.

      (6)   (a)   A drawing sufficient to illustrate the nature of the variation request.

         (b)   The drawing in this division (C)(6) may be a site plan, building plan, elevation, landscape plan or other type of drawing depending on the request.

      (7)   Other relevant characteristics about the subject property as indicated on the application form.

      (8)   Evidence that design options which comply with the provisions of this chapter are not feasible.

      (1)   Notice of time and place of any hearing date shall be published at least once, not more than 30 days nor less than 15 days before such hearing, in a newspaper in general circulation within the village. The notice shall give the date, time, and place of the hearing and contain a brief description of the requested variation.

      (2)   If the variation pertains to a specific parcel or parcels, then the notice shall also contain a legal description and common address of the area for which the change is proposed.

      (1)   For any variation, the applicant shall submit with an application, the most recent list of taxpayers of record for all property, any portion of which, is located on or within the area defined by a line extended 250 feet outward in all directions from the perimeter of the subject properties. The list of taxpayers shall be compiled from records maintained by the Champaign County Assessor's Office not more than 30 days before the date the application is filled with the Zoning Administrator. The responsibility for obtaining and providing this information shall be the applicant’s. The measurement of all public right-of-way shall be excluded in measuring the 250-foot perimeter. If any part of a condominium property is located within 250 feet of the subject property, the name of each taxpayer of record of the condominium shall also be submitted to the village.

      (2)   Not less than 15 days, but not more than 30 days before a public hearing, the Zoning Administrator shall give written notice by first class mail to the following:

         (a)   The applicant.

         (b)   The owners of the subject property for which the variation is sought as identified in accordance with this chapter. If ownership is in a land trust or partnership, only the trustee or general partner need be notified.

         (c)   The taxpayers for property within 250 feet of the subject property as identified in accordance with this chapter.

      (3)   The notice shall contain the place and time for the first public hearing on the application, the address of the subject property, a brief statement of the nature of the request, and the name of the applicant. The village shall make a good faith effort to comply with the provisions in this chapter. Failure to send the notice or notices not received by parties identified herein will not invalidate any action by the village.

      (1)   An applicant seeking a variance for any real estate, which requires a public hearing, shall allow the village to post weatherproof signs, indicating the upcoming hearing for the property, which are adequate in size and number to be visible from the adjacent roadways. The village shall post the signs approximately ten days prior to the public hearing. A good faith effort shall be made to keep the signs in place until the close of the public hearing, but in no case shall the signs remain after ten days from the completion of the final public hearing.

      (2)   The required sign shall contain the words "NOTICE OF PUBLIC HEARING" at the top of the sign. The sign shall indicate that a zoning variation is being requested for this property, the date, time, and place where the hearing shall be conducted, a statement that the public is invited, and the phone number for the village.

      (3)   The Zoning Administrator may waive the requirement to post the sign in cases involving multiple lots where other measures are being used to notify interested parties. Such waiver shall be made a record of the case.

      (4)   The village shall make a good faith effort to comply with the requirements of this chapter, however, failure to comply with these requirements shall not invalidate any zoning action.

         (a)   A reduction of up to 25% of the minimum required lot width or lot area.

         (b)   A reduction of up to 50% of the minimum required side or rear yard.

         (c)   A reduction of up to 25% of the minimum required front yard.

         (d)   A reduction of up to 25% of the total number of required off-street parking spaces.

         (e)   An alternative landscape that would reduce the amount of required plant material or reduce the area of landscaping by 25%.

         (f)   A reduction of up to 100% of the required side yard for fire escapes or ramps or handicap accessibility when the building was constructed prior to February 18, 2020.

         (g)   Allowing parking of a recreational vehicle or watercraft that extends into a front yard.

      (1)   Before any variation is granted, the Planning and Zoning Board shall make a favorable finding of fact, solely based upon evidence presented at a public hearing conducted by the Planning and Zoning Board, that each of the following criteria has been satisfied:

         (a)   That the variation is consistent with the general purpose and intent of this chapter.

         (b)   That the variation is necessary for a reasonable use of the property.

         (c)   That there is a practical difficulty in meeting the requirements of this chapter, that the particular physical surroundings, shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out.

         (d)   That the plight of the petitioner is not common, is due to unique circumstances, and the proposed variation will not serve as a special privilege, but will alleviate conditions not shared by other property in the rest of the village.

         (e)   1.   That the petitioner did not knowingly or deliberately create the property condition causing the practical difficulty from which the petitioner seeks a grant of relief through the proposed variation.

            2.   Some examples of a self-created hardship are:

               A.    Paying too much for a piece of property and seeking a variation to intensify the use to recapture the investment or there is a personal preference for a particular design;

               B.    Constructing something in violation of this chapter’s regulations and seeking a variation to bring it in conformance after the fact; and

               C.    Selling off a portion of the property and seeking a variation because the lot is now too small for the proposed use.

         (f)   That the proposed variation will not alter the essential character of the locality.

         (g)   That the proposed variation will not impair an adequate supply of light and air to adjacent property; substantially increase congestion in the streets; increase the danger of fire or crime, diminish the value of nearby property; nor impair the public health, safety, comfort, convenience, or general welfare.

         (h)   That the proposed variation represents the minimum deviation from established standards necessary to accomplish the desired improvement.

         (i)   That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located.

         (j)   That the conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classifications.

      (2)   Since the minor variation is intended to have a relatively low impact on the surrounding area, the findings of fact that need to be met are not as stringent as they are for a major variation. Generally, the applicant must demonstrate that there is some practical difficulty and no reasonable alternative to comply with the regulation. The applicant must present evidence to this effect per the application requirements established previously. Other findings insure that neighborhood, health, safety, welfare, and other concerns are being met.

      (1)   The Planning and Zoning Board shall take action on the variation request within 30 days after the close of the public hearing. The Planning and Zoning Board may require such conditions and restrictions upon the premises to be benefitted by a variation as may be necessary to comply with the standards set forth in this subchapter to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this chapter. Failure to maintain such conditions or restrictions as may have been imposed shall constitute grounds for revocation of such variations.

      (2)   This section allows the Planning and Zoning Board to impose conditions on variations to ensure that the proposal does not negatively impact surrounding properties. Some common conditions that could be imposed are requirements for landscaping around parking areas, construction specifications, hours of operation, location of parking spaces or drives, and other similar requirements.

      (3)   The Planning and Zoning Board shall have the authority to take the following actions regarding the request for minor variations as defined herein:

         (a)   Grant all or a portion of the minor variation being requested.

         (b)   Prescribe appropriate conditions and safeguards to ensure that the variation is carried out consistent with the purpose of this chapter.

         (c)   Deny the request for a variation.

      (4)   The Planning and Zoning Board shall grant the minor variation only upon a favorable finding of fact that each of the criteria specified in each section have been satisfied. A concurring vote of four members shall be necessary to approve each finding and grant the variation request. Planning and Zoning Board action on a minor variation is the final action.

      (1)   A legal description and common address of the subject property.

      (2)   The provision of this chapter that the Planning and Zoning Board is granting relief from and a description of the variation being granted.

      (3)   Findings of fact on each of the criteria required to be met specifying how each finding has been satisfied.

      (4)   The terms of the relief as prescribed by the Planning and Zoning Board, including any conditions or safeguards appropriate to the proposal.

      (5)   The date the grant of variation becomes effective.

      (6)   Any exhibits containing plans or specifications for the proposed use or variation shall be attached to the grant of variation with a statement that the variation is conditioned on the project being built in accordance with such plans.

      (1)   That the variation is in harmony with the general purpose and intent of this chapter.

      (2)   (a)   That the property cannot yield a reasonable return if subject to a strict and literal application of the regulations imposed by this chapter.

         (b)   NO REASONABLE RETURN means there is generally little, if any alternatives to develop the property. Without the variation, it is likely that the property cannot be utilized. Merely, the likelihood that the property in question may have a greater value if the variation is granted shall not satisfy this criteria.

      (3)   (a)   There is an unusual hardship in meeting the requirements of this chapter.

         (b)   An unusual hardship is created by conditions that are not common to the remainder of the community. Often these conditions are unique to one parcel and could not be anticipated by this chapter. Floodplains, irregular lots by creeks or railroad right-of-ways, steep topography, and other existing natural features are typical factors that create hardship.

      (4)   (a)   The plight of the petitioner is due to such unique circumstances that the proposed variation will not serve as a special privilege, but will alleviate some condition not shared by other property in the same locality and district.

         (b)   This finding differs from that of the minor variation. The minor variation allows that if the condition is not unusual for a particular area, it may be appropriate to grant the variation. The standard for "unique circumstances" requires that relatively few if any other property in the village share these circumstances.

      (5)   That the petitioner did not knowingly or deliberately create the unusual hardship from which the petitioner seeks a grant of relief through the proposed variation.

      (6)   The proposed variation will not alter the essential character of the locality.

      (7)   The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the streets, increase the damage of fire or crime, diminish the value of nearby property, nor impair the public health, safety, comfort, convenience, or general welfare.

      (8)   The variation represents the minimum deviation from established standards necessary to accomplish the desired improvement.

         (a)   1.   Recommend all or a portion of the major variation being requested.

            2.   Prescribe appropriate conditions and safeguards to ensure that the variation is carried out consistent with the purpose of this chapter.

            3.   Deny the request for a major variation, and so notify the Village Board of Trustees of this action.

         (b)   Further actions must follow the procedures stated in §§ 154.275 through 154.278.

         (c)   The Planning and Zoning Board shall recommend a request for a major variation only upon a favorable finding of fact that each of the criteria specified for major variations have been satisfied. A concurring vote of four members shall be necessary for the Planning and Zoning Board to make a recommendation.

(Ord. 2020-O-3, passed 2-18-2020)