A Board of Appeals is hereby authorized to be established. The
word "Board," when used in this article, shall be construed to mean
the Board of Appeals. The Board shall consist of seven members appointed
by the Mayor of Hometown, Illinois, with the consent of the City Council.
The members of said Board shall serve respectively for the following
terms (or until their respective successors are appointed and qualified):
one for one year, one for two years, one for three years, one for
four years and one for five years for the first five appointed, and
five years each for those following the first five appointed. The
Mayor shall have the power to remove any member of the Board for cause
and after a public hearing. Vacancies upon said Board shall be filled
for the unexpired term of the member whose place has become vacant
in the manner herein provided for the appointment of such member.
One of members of the Zoning Board shall be designated by the
Mayor, with the consent of the Aldermen, as Chairman of said Board
until his successor is appointed. Such Chairman, or, in his absence,
the Acting Chairman, may administer oaths, compel the attendance of
witnesses and make such decisions and determinations as authorized
herein.
All requests for variations and all decisions or determinations
of the Zoning Board shall be in writing and shall become a matter
of public record. The fee for a variation hearing is $50.
(A)
When a property owner shows that a strict application of the terms
of this chapter relating to the use, construction or alteration of
buildings or structures, or to the use of land, imposes upon him practical
difficulties or practical hardship, then the Zoning Board may make
such variations of the strict application of the terms of the chapter
as are in harmony with its general purpose and intent. When the Zoning
Board is notified, under the evidence heard before it, that a granting
of such variation will not merely serve as a convenience to the applicant,
but is necessary to alleviate some demonstrable hardship or difficulty
so great as to warrant a variation, the Board may grant such variations
in the following instances:
(1)
To permit the extension of a district where the boundary line
of a district divides a single ownership as shown of record.
(2)
To permit the reconstruction of a nonconforming building which
has been destroyed or damaged to an extent of more than 50% of its
value, by fire or act of God or a public enemy, where the Zoning Board
shall find some compelling public necessity requiring a continuance
of the nonconforming use, and in no case shall such a permit be issued
if its primary function is to continue a monopoly.[1]
(3)
To permit the erection and use of a building or the use of premises
in any location for a public service corporation for public utility
purposes which the Zoning Board deems reasonably necessary for the
public convenience or welfare.
(4)
To make a variance where, 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, as by reason of exceptional topographical
conditions, the strict application of any provision of this chapter
would result in peculiar and exceptional practical difficulties or
particular hardship upon the owner of such property and amount to
a practical confiscation of property as distinguished from a mere
inconvenience to such detriment to the public good and without substantially
impairing the general purpose and intent of the Comprehensive Plan
as established by the regulations and provisions contained in this
chapter.
(5)
To interpret the provisions of this chapter where the street
layout actually on the ground varies from the street layout as shown
on the District Map fixing the several districts.
(6)
To permit lots that were of record at the time of the passage
of this chapter and which contain less area than the intensity of
use requirements of the dwelling district in which they are located
to be used for single-family dwellings, and to vary the side yard
regulations for such lots, but only when the owner or owners of such
lots furnish substantial proof of the inability to acquire, or to
acquire at a reasonable price, additional land adjoining the lot which
would be necessary to provide the required lot area.
(7)
To waive the parking requirements in the commercial, business,
or industrial districts whenever the character or use of the building
is such as to make unnecessary the full provision of parking facilities
or where such regulations would impose an unreasonable hardship upon
the use of the lot, as contrasted with merely granting an advantage
or a convenience.
(8)
To permit land within 200 feet of a multiple dwelling to be
improved for the parking spaces required in connection with a multiple
dwelling, but only when there is positive assurance that such land
can be used for such purpose during the existence of the multiple
dwelling.
(B)
In considering all appeals and all proposed variations to this chapter,
the Zoning Board shall, before making any variations from the chapter
in a specific case, first determine that the proposed variation 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 of Hometown.
(C)
The concurring vote of four members of the Board shall be necessary
to reverse any order, requirement, decision or determination of the
Zoning Board, or to decide in favor of the applicant any matter upon
which it is authorized by this chapter to render a decision. Copies
of all findings, orders and decisions of the Board shall be transmitted
to the City Council for its information and records.
Nothing herein contained shall be construed to give or grant
to the Chairman or the Board the power or authority to alter or change
the Zoning Ordinance or the District Map, such power and authority
being reserved to the City Council.
(A)
An appeal may be taken to the Board of Appeals by any person, firm
or corporation, or by any officer, department, board or bureau of
the City affected by a decision of the Chairman of the Board. Such
appeal shall be taken within such time as shall be prescribed by the
Board of Appeals by general rule, by filing with the Zoning Chairman
and with the Board of Appeals a notice of appeal, specifying the grounds
thereof. The Zoning Chairman shall forthwith transmit to the Board
all of the papers constituting the record of the action being appealed.
(B)
An appeal shall stay all proceedings in furtherance of the action
appealed from, unless the Zoning Chairman certifies to the Board of
Appeals, after the notice of appeal has been filed with him, that
by reason of facts stated in the certificate a stay would, in his
opinion, cause imminent peril to life or property, in which case the
proceedings shall not be stayed otherwise than by a restraining order,
which may be granted by the Board of Appeals or by a court of record
on application, or notice to the Zoning Chairman and on due cause
shown.
(C)
The Board shall select a reasonable time and place for the hearing
of the appeal and give due notice thereof to the parties and shall
render a decision on the appeal without unreasonable delay, within
one year of the date of receipt of a petition to appeal. Any person
may appear and testify at the hearing, either in person or by duly
authorized agent or attorney.
(D)
A fee of $125 shall be paid to the City Clerk's office for a hearing
before the Zoning Board of Appeals.
[Amended 2-14-2006 by Ord. No. 1-2006]
The Board shall make no variation except in a specific case
and after a public hearing conducted by the Board. A notice of the
time and place of such public hearing shall be published in a paper
of general circulation in the City of Hometown not more than 30 days
nor less than 15 days before the hearing. Such notice shall contain
the address or location of the property for which the variation or
other ruling by the Board is sought, as well as a brief description
of the nature of the appeal.
All meetings of the Board of Appeals shall be held at the call
of the Chairman and at such time as such Board may determine. All
hearings conducted by the Board shall be open to the public. The Board
shall keep minutes of its proceedings showing the vote of each member
upon each question, or, if absent or failing to vote, indicating such
fact, and shall keep records of its hearings and other official actions.
Findings of fact shall be included in the minutes of each case of
a requested variation, and the reasons for making or denying such
variation shall be specified. Every rule or regulation, declaration,
or determination of the Board shall be filed immediately in the office
of the Board and shall be a public record. The Board shall adopt its
own rules of procedure not in conflict with this chapter or with the
Illinois statutes in such case made and provided.
(A)
No order of the Board permitting the erection of a building shall
be valid for a period longer than one year, unless a building permit
for such erection or alteration is started and proceeds to completion
in accordance with the terms of such permit.
(B)
No order of the Board permitting a use of a building or premises
shall be valid for a period longer than one year, unless such use
is established within such period; provided, however, that where such
use permitted is dependent upon the erection or alteration of a building,
such order shall continue in force and effect if a building permit
for said erection or alteration is started and proceeds to completion
in accordance with the terms of such permit.
