There is hereby established a board of zoning appeals for the village for the purpose of hearing appeals and applications, and granting variances and exceptions to the provisions of this zoning ordinance in harmony with the purpose and intent of the zoning ordinance.

The board of zoning appeals shall consist of seven members, appointed by the village president and confirmed by the village board to serve, respectively, for the following terms: One 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 so appointed to serve for a term of five years.

A chair shall be designated by the village president.

One member shall be a village planning commissioner and one member shall be a registered architect, registered professional engineer, builder, real estate appraiser or attorney-at-law.

A secretary shall be appointed by the chair from the membership of the board of zoning appeals.

The zoning inspector shall attend all meetings for the purpose of providing technical assistance when requested by the board.

Vacancies shall be filled for an unexpired term in the same manner as appointments for a full term.

(Ord. of 10-6-1969, § 1)

The board of zoning appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this ordinance.

Meetings shall be held at the call of the chair and shall be open to the public.

Minutes of the proceedings and a record of all actions shall be kept by the secretary, showing the vote of each member upon each question, the reasons for the board's determination, and its findings of facts. These records shall be immediately filed in the office of the board and shall be a public record.

The concurring vote of four members of the board shall be necessary to correct an error; grant a variance; make an interpretation; and permit a utility, temporary, unclassified, or substituted use.

The board of zoning appeals shall have the following powers:

10.41

Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning inspector.

10.42

Variances. To hear and grant appeals for variances as will not be contrary to the public interest, where, owing to special conditions a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit and purposes of this ordinance shall be observed and the public safety, welfare, and justice secured. Use variances shall not be granted.

10.43

Interpretations. To hear and decide applications for interpretations of the zoning regulations and the boundaries of the zoning districts.

10.44

Substitution. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made. Whenever the board permits such a substitution, the use may not thereafter be changed without application.

10.45

Unclassified uses. To hear and grant applications for unclassified and unspecified uses provided that such uses are similar in character to the principal uses permitted in the district.

10.46

Temporary uses. To hear and grant applications for temporary uses in any district provided that such uses are of a temporary nature, do not involve the erection of a substantial structure, and are compatible with the neighboring uses. The permit shall be temporary, revocable, subject to any conditions required by the board of zoning appeals, and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this ordinance shall be required.

10.47

Permits. The board may reverse, affirm wholly or partly, modify the requirements appealed from, and may issue or direct the issue of a permit.

10.48

Assistance. The board may request assistance from other village officers, departments, commissions, and boards.

10.49

Oaths. The chair may administer oaths and compel the attendance of witnesses.

The board of trustees shall designate a zoning inspector or inspectors by ordinance. The zoning inspector shall have the initial responsibility and authority for the literal interpretation and enforcement of this zoning ordinance and all other applicable ordinances, regulations, and codes, and he may enter upon and inspect any premises in the performance of these duties. The zoning inspector shall refer certain matters calling for original interpretations to the board of appeals as directed by various provisions of the zoning ordinance.

Appeals from the decision of the zoning inspector concerning the literal enforcement of this ordinance may be made by any person aggrieved or by any officer, department, board, or bureau of the village. Such appeals shall be filed with the secretary within 30 days after the date of written notice of the decision or order of the zoning inspector. Applications may be made by the owner or lessee of the structure, land, or water to be affected at any time and shall be filed with the secretary. Such appeals and applications shall include the following:

Name and address of the appellant or applicant and all abutting and opposite property owners of record.

Plat of survey prepared by a registered land surveyor showing all of the information required under section 2.3 for a zoning permit.

Additional information required by the board of zoning appeals.

Fee receipt from the village treasurer in the amount of $150.00 for filing, plus a deposit to cover the actual costs for the requisite publication and mailing of notice.

(Ord. of 9-4-1979; Ord. No. 04-01-02, § 1, 4-1-2002)

Editor's note— The above section conflicts with 65 ILCS 5/11-13-12 in that the statute provides that the appeal shall be taken within 45 days of the action complained of by filing, with the officer from whom the appeal is taken and with the board of appeals a notice of appeal, specifying the grounds thereof.

The above provisions regarding fees for the filing of an appeal with the zoning board of appeals shall not apply to any appeal filed by an applicant of a denial of a zoning permit by the zoning inspector based on the sole reason that a plat of survey by an Illinois-registered land surveyor was not made a part of the application.

In such cases, no filing fee shall be required of the applicant for the filing of an appeal requesting such a waiver of the requirement of a plat of survey by an Illinois-registered land surveyor.

(Ord. of 11-5-1979)

The board of zoning appeals shall fix a reasonable time and place for the hearing, give public notice thereof not less than 15 nor more than 30 days prior, and shall give due notice to the parties in interest and the zoning inspector. The appellant, applicant, or his agent, shall give notice to all adjoining property owners by certified mail at least ten days prior to hearing. At the hearing the appellant or applicant may appear in person, by agent, or by attorney.

10.81

A variation shall be permitted only if the evidence in the judgment of the zoning board sustains each of the following:

10.81-1

The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zoning district;

10.81-2

The plight of the owner was not created by the owner and is due to unique circumstances; and

10.81-3

The variation, if granted, will not alter the essential character of the locality.

10.82

For the purpose of implementing the above standards, the zoning board, in making its decision, whenever there are practical difficulties or particular hardships, shall also take into consideration the extent to which the following facts favorable to the applicant have been established by the evidence that:

10.82-1

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 regulations were strictly enforced;

10.82-2

The conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification;

10.82-3

The alleged difficulty or hardship has not been created by any person presently having an interest in the property or any person through whom the applicant claims title;

10.82-4

The granting of the variation will not be substantially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located; or

10.82-5

The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.

10.83

The zoning board may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this article 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 ordinance.

10.84

Any lot in a single ownership, which ownership was of record at the time of the adoption of this ordinance, that does not meet the requirements of this ordinance for lot area, yards, or other area of open space may be utilized for single residence purposes, provided the requirements for such lot area, yards or width, depth or open space is within 75 percent of that required by the terms of this ordinance. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided.