The purpose and intent of this article
is described below.
A. Provide a clear and comprehensible development
review process that is fair and equitable to all interests including
applicants, effected neighbors, and the City;
B. Establish an orderly review process for
all proposed projects involving construction of a building or other
structure, any site improvements or alterations or a modification
in the use of land within the City that is consistent with this chapter;
C. Ensure that land, parcels, and lots are
appropriately developed so that their use and operation comply with
all applicable requirements of this chapter;
D. Ensure that development complies with the
Comprehensive Plan and allow for processes and procedures that support
creative and innovative proposals to enhancing the benefits of development
to the Bloomington community.
[Amended 8-24-2020 by Ord. No. 2020-55; 10-26-2020 by Ord. No. 2020-69; 10-24-2022 by Ord. No. 2022-99]
A. Authority. The Zoning Board of Appeals
shall hear and decide appeals from an administrative order, requirement,
or determination made by the Director of Economic and Community Development.
B. Initiation. An administrative appeal may
be taken to the Zoning Board of Appeals by any property owner, the
City Council, or parties to an enforceable purchase option contract
aggrieved by an administrative order, requirement decision, or determination
under this Code by the Director of Economic and Community Development,
provided the terms "any property owner" and "parties to an enforceable
purchase option contract" refer to persons with an ownership or contractual
interest in the parcel which is the subject of the administrative
order, requirement, decision or determination made by the Director
of Economic and Community Development.
C. Application requirements. An administrative
appeal shall be filed made by filing a written notice of appeal, specifying
the grounds of the appeal, in the Economic and Community Development
Department. The appeal shall thereafter be forwarded to the Zoning
Board of Appeals within 20 days.
D. Administrative public hearing. The Zoning
Board of Appeals shall conduct an administrative public hearing on
all appeals duly initiated hereunder.
(1)
In appeals to the Board from decisions
of the administrator denying a permit or declaring a structure to
be illegal, the Board's scope of review shall be limited to determining
whether or not the Administrator's decision is in accordance with
the requirements of this Code and applicable law and accordingly affirm
or reverse the appealed decision. The Board may direct the Administrator
to issue the permit or statement permitting the structure in accordance
with its decision or may remand the matter for further consideration
and investigation consistent with the Board's ruling.
E. Decisions. All decisions of the Board of
Zoning Appeals on appeals initiated hereunder shall be final and reviewable
only in the Courts in accordance with the applicable Statutes of the
State of Illinois. However, the aggrieved party may appeal to the
City Council if his or her appeal is rejected by the vote of less
than five members of the Board of Zoning Appeals; the Director of
Economic and Community Development may appeal to the City Council
if he or she believes the Board's decision reversing his action violates
the intent of this Code. To receive consideration by the City Council,
the aggrieved party or the Director of Economic and Community Development
must file with the City Clerk a "Notice of Appeal" which shall be
substantially in one of the following forms:
Notice of Appeal of Zoning
Administration Interpretation
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I, the undersigned, appealed an order,
requirement, decision or determination of the Director of Economic
and Community Development. Less than five members of the Zoning Board
of Appeals concurred in the action which rejected my appeal. I, therefore,
request that the City Council review the record of the Zoning Board
of Appeals' administrative public hearing and make a final administrative
determination thereon.
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(Signature) __________
|
|
Notice of Appeal of Zoning
Board of Appeals Administrative Interpretation
|
The City of Bloomington, McLean County, Illinois Municipal Corporation, requests that the City Council review the record of the Zoning Board of Appeals' administrative public hearing and made a final administrative determination thereon. This request is based on my belief that the decision made by the Zoning Board of Appeals reversing my action violates the intent of Bloomington City Code Chapter 44.
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(Signature)__________
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(1)
If a Notice of Appeal is filed with
the aggrieved party or by the Director of Economic and Community Development
within 10 working days from the date on which the Zoning Board of
Appeals' decision, rule or order was served, the appeal shall be considered
by the City Council and the determination of the Council on the matter
shall be final. If no such Notice of Appeal is filed with the City
Clerk within said period, the action of the Zoning Board of Appeals
shall be final, even if taken by less than five concurring votes.
[Amended 10-26-2020 by Ord. No. 2020-69]
A. Duties. The Director of Economic and Community
Development shall administer and enforce this Code. He or she may
be provided with assistance of such other persons as the City Manager
may direct. In furtherance of such authority the Director of Economic
and Community Development, or his or her designee, shall:
(1)
Notify in writing any person responsible
for violating any of the provisions of this Code, indicating the nature
of the violation and ordering the action necessary to correct it;
(2)
Order discontinuance of illegal use
of land, buildings, or structures; removal of illegal buildings or
structures or of illegal additions, alterations, or structural changes;
discontinuance of any illegal work being done; or shall take any other
action authorized by this Code to ensure compliance with or to prevent
violation of its provisions;
(3)
Issue all building permits, and make
and maintain records thereof;
(4)
Issue all zoning compliance certificates
and make and maintain records thereof;
(5)
Issue all special use permits after
they are approved by the Council in accordance with 10 of this Code;
(6)
Issue all zoning verification letters
and maintain records thereof;
(7)
Conduct inspections of buildings,
structures, and use of land to determine compliance with this Code;
(8)
Maintain permanent and current records
pertaining to this Code, including but not limited to, maps, amendments,
plans, special uses, variations, appeals, and applications therefor;
and designate on the Official Zoning Map each amendment;
(9)
Provide and maintain a public information
bureau relative to all matters arising out of this Code;
(10)
Receive, file and forward to the
Zoning Board of Appeals all applications for appeals, special uses,
authorized variations, or other matters on which the Zoning Board
of Appeals is required to pass under this Code;
[Amended 10-24-2022 by Ord. No. 2022-99]
(11)
Forward to the Economic and Community
Development Department all applications for special use permits, amendments,
and other matters which are to be referred to the Zoning Board of
Appeals, Historic Preservation Commission, or the Planning Commission.
[Amended 10-24-2022 by Ord. No. 2022-99]
B. Building permit requirements. No building or other structure shall be erected, moved, added to, or structurally altered without a permit therefor issued by the Director of Economic and Community Development. No building permit shall be issued by the Director of Economic and Community Development except in conformity with the provisions of this Code and Chapters
10 and
24 of the Bloomington City Code, 1960, as amended, unless he or she receives a written order from the Zoning Board of Appeals in the form of an administrative review or variation or from the City Council in the form of a special use permit or amendment as provided by this Code.
[Amended 10-24-2022 by Ord. No. 2022-99]
[Added 3-25-2024 by Ord. No. 2024-015]
A. Purpose. Any owner of a property with the intent to establish an
accessory use which requires permitting, including but not limited
to chicken-keeping, must apply for and receive an accessory use permit,
and thereafter register annually.
B. Application requirements.
(1)
An application for an accessory use permit shall be submitted
on the form provided by the Economic and Community Development Department.
(2)
Applications shall conform to the requirements of §
44-1703. The information requested on the application is deemed to be a minimum, and the applicant may be required to supply additional information on their request.
(3)
All applications shall be accompanied by the associated filing fee as set forth in Chapter
1, §
1-125, Schedule of Fees, and shall be filed with the Economic and Community Development Department.
(4)
In addition, the application shall provide the following information
on one or more sheets:
(a)
The common description (street address), legal description,
and tax parcel identification number (PIN) of the premises on which
the accessory use would be situated.
(b)
The names and physical addresses of all owners of the property.
(No post office box addresses will be acceptable in lieu of physical
address.)
(c)
Description of proposed structures and/or equipment to be utilized
and scope of work to be completed on site.
(d)
A sketch plan of the property with dimensions indicating property
boundaries, elevations, distances of the accessory use from all property
lines, and setback and dimensions of any structures associated with
the accessory use.
(e)
A photo or illustrated example of any equipment or structures
proposed to support the accessory use.
(f)
A signed statement from the applicant(s) acknowledging the requirements
of this section.
(5)
Statements made on the application shall be accepted as prima
facie true and correct in any administrative or court proceeding.
(6)
Incomplete application. Any application lacking the information
required by this section will not be considered complete and will
not be accepted for purposes of establishing the accessory use.
C. Application processing. The City shall approve or deny an application
for an accessory use permit within 30 days of receiving a complete
application as provided below:
(1)
The City shall notify the applicant of an incomplete application
within 15 days of submission. Such notification shall include a specific
list of materials missing from the application and shall provide the
basis in Code, or other applicable law, for requiring submission of
such material. Transmission of this notification shall toll (pause)
the thirty-day review period until supplemental materials are received
by the City.
(2)
Upon receipt of supplemental materials, the City shall review
such materials and, if the application remains incomplete, provide
written notification to the applicant within 10 days.
(3)
The City shall notify the applicant, in writing, of any decision
to approve or deny an accessory use permit. Any decision to deny shall
describe the reasons for such denial, which shall be consistent with
the Bloomington City Code.
(4)
Resulting decisions may be appealed pursuant to the provisions of §
44-1712.
D. Annual registration. Before January 1 of each calendar year, all
existing accessory use permits shall require registration to remain
valid.
(1)
Registration may require additional information, based on changes
to Code related to the permitted use or site conditions of the permitted
use, from the initial application.
(2)
Registrations while continuing the accessory use, and still in compliance with the registered site plan, shall be assessed a registration fee as set forth in the Schedule of Fees (§
1-125).
E. Transfer of ownership. Accessory use permits are not transferable.
All accessory uses must be re-permitted with a change of property
ownership. New owners who fail to acquire a permit as required by
this section shall, after a thirty-day grace period, be considered
to have failed to obtain an appropriate permit and, upon conviction
thereof, be subject to a fine of not less than $50, nor more than
$500, for each day the active accessory use remains unpermitted.
F. Noncompliance. If the Director of Economic and Community Development,
or designee, determines that an accessory use is not permitted, the
Director or designee shall provide notice, sent by first class mail,
to the owner of the property requesting that the owner complete an
accessory use permit application. Such notice shall state the reasons
for the determination. The owner shall, within 10 days of notification,
apply for such permit from the Department of Economic and Community
Development. Notification shall have been deemed to have been received
within four days of the mailing of the subject notice.
G. Inspections, complaints, and penalties shall be enforced pursuant to §
44-1715.
H. Discontinuation. Permits for accessory uses that are not registered
by February 1 shall be deemed to be terminated. An applicant may reapply
for an accessory use permit pursuant to the provisions in this section.