§ 106-55. Variances.

(a)

Procedure; authority of board. 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 particular hardship, then the board of zoning appeals may, in the following instances only, make such variations of the strict application of terms of this chapter as are in harmony with its general purpose and intent when the board is satisfied, 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 so great as to warrant a variation to:

(1)

Permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.

(2)

Permit the reconstruction of a nonconforming building which has been destroyed or damaged to an extent of more than 50 percent of its value by fire or act of God, or the public enemy, where the 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.

(3)

Make a variance where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property of record, or 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 owner, provided such relief can be granted without substantial 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.

(4)

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.

(5)

Waive the parking requirements in the 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 convenience.

(6)

Permit a building to be erected, reconstructed, altered or enlarged so that the building lines will extend beyond the distance specified in this chapter into side yards or into front yards; provided that such variance may not be granted unless:

a.

There is a building in the block which extends beyond the distance from the front street line specified in this chapter, in which case the building line may be permitted to extend as near to the front street line as such nonconforming building;

b.

The lot is irregular in shape, topography or size; or

c.

The street line of the lot is directly opposite the street line of a lot which is irregular in shape, topography or size.

(7)

Permit in any district such modifications of the requirements of the regulations of this chapter as the board may deem necessary to secure an appropriate development of a lot where adjacent to such lot on two or more sides there are buildings that do not conform to the regulations of the district.

Nothing contained in this section shall be construed to give or grant to the board the power or authority to alter or change this chapter or the district map, such power and authority being reserved to the city council. The board may impose such conditions and restrictions upon the use of the premises benefited by a variation, after an application for a permit has been made to the zoning enforcement officer and after a duly advertised public hearing held by the board as prescribed by statute. The notice of hearing 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.

(8)

Permit the construction of fences in a manner other than as permitted in section 106-169 of this Code.

(b)

Fee. In order to partially defray the expenses of the public hearings involving variances, the applicant shall pay the sum established in section 42-106 to the city collector at the time of the filing of the application for the variance.

(c)

Notice requirements. Not less than 15 days and not more than 30 days prior to a public hearing for variance, notice of the time and place of such hearing shall be advertised by:

(1)

Publication at least once in a newspaper of general circulation within the city.

(2)

The posting of the official notice of public hearing sign by the petitioner, per city procedures, on the subject property. The unauthorized removal of the official notice of public hearing sign shall be deemed a violation of this chapter.

(Code 1996, §§ 2-2-4, 2-2-5; Ord. No. 98-4-5, § 1, 4-27-1998; Ord. No. 03-02-02, § 2, 2-11-2003)

State law reference

Variances, 65 ILCS 5/11-13-5 et seq.