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TO: Mayor Thomas J. Weisner
FROM: Stephane Phifer, Planning and Zoning Director
DATE: April 7, 2014
SUBJECT:
An Ordinance Establishing Within Chapter 34, a new Article IV. Entitled "Zoning Board of Appeals".
PURPOSE:
Attached is an ordinance amending the provisions regulating the Aurora Zoning Board of Appeals, and removing these provisions from Section 10.4 of the Aurora Zoning Ordinance, and placing them within Chapter 34 of the Code of Ordinances.
BACKGROUND:
The provisions and by-laws of the Zoning Board of Appeals have not been amended since 1969 and 1989 respectively and are in need of modernizing and updating to better meet the needs of the City and the Zoning Board of Appeals.
DISCUSSION:
The proposed amendment will accomplish three non-substantive objectives: 1) Consolidate the governing provisions related to the Zoning Board of Appeals into one location in the City's Code of Ordinances; 2) Provide consistency in language and procedures between the planning and development related boards, commissions and councils; 3) Update job titles to current designations.
The proposed amendment includes two substantive changes, being 1) That the By-Laws of the Zoning Board of Appeals shall be subject to approval by the City Council, and 2) The standing committees of the Zoning Board of Appeals will be updated from "Agenda/Resolution", "Annual Meeting", "Documentation" and "Orientation" to just "Amendment", to better match the functions of the Commission.
IMPACT STATEMENT:
The Planning and Zoning Division would anticipate that this amendment to the City Code of Ordinances will have a positive impact on the City's health, welfare, overall tax base and viability.
RECOMMENDATIONS:
Staff recommends approval of the Ordinance amending Chapter 34, by creating a new Article IV. entitled "Zoning Board of Appeals"
cc: Alderman Saville, Chairman
Alderman Donnell
Alderman Irvin
Alderman Hart-Burns, Alternate
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Chapter 34 To Create A New Article IV, Entitled "Zoning Board of Appeals"
body
WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the Zoning Board of Appeals is an appeals board that reviews zoning issues as prescribed in the Aurora Zoning Ordinance, including proposed variations from the zoning code, and appeals of decisions made by the Zoning Administrator.
WHEREAS, it is desirable to amend the provisions regulating the Zoning Board of Appeals in order to more fully carry out its intended purpose as further set forth herein, and further, to move these regulatory provisions from the Zoning Ordinance to Chapter 34 of the Code.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That a new Article IV be added to Chapter 34 of the City of Aurora Code of Ordinances and be entitled "Zoning Board of Appeals" and read as follows:
Sec. 34-40. Creation.
There is created the Zoning Board of Appeals, hereinafter "ZBA".
Sec. 34-41. Purpose.
The ZBA shall be an appeals board that reviews zoning issues as prescribed in the Aurora Zoning Ordinance, including proposed variations from the zoning code, and appeals of decisions made by the zoning administrator.
Sec. 34-42. Membership.
The ZBA shall be comprised of:
(a) The mayor as ex officio member, and all citizen at large members of the planning commission shall be members of the ZBA.
Sec. 34-43. Chairman.
The chairman of the ZBA shall be elected by the Members for a period of one (1) year or until his successor has been duly elected and qualified.
Sec. 34-44. Executive Secretary, Ex-Officio Member
The planning and zoning director and/or designee shall be considered an ex-officio member with non-voting authority on all issues, and shall be executive secretary of the ZBA. The executive secretary shall make a permanent record of all the acts and doings of the ZBA and keep the same in his custody and control. The planning and zoning director and staff shall provide support to the ZBA as needed.
Sec. 34-45. Functions.
The ZBA shall:
(a) hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator pursuant to the Aurora Zoning Ordinance.
(b) hear and pass upon applications for variations from the terms provided in the Aurora Zoning Ordinance in the manner prescribed by, and subject to, the standards established therein.
(c) hear and decide all matters referred to it or upon which it is required to pass under the Aurora Zoning Ordinance as prescribed by statute.
(d) All decisions and findings of the ZBA, on appeal or upon application for a variation after a hearing shall, in all instances, be final administrative determinations and shall be subject to review by court as by law may be provided from time to time.
Sec. 34-46. Meetings.
Regular meetings shall generally be held once a month on the third Wednesday following the first committee of the whole meeting of the month; and should comply with the Open Meetings Act. Special meetings may be called at any time by the chairman or any member that submits a request in writing to the chairman, and held at such place as fixed in the call. Meeting notices shall be pursuant to applicable state and local requirements. The ZBA shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes of each case and the reasons for granting or denying such application shall be specified. Every rule, regulation and every order, requirement, decision, or determination of the ZBA shall immediately be filed with the planning and zoning division and shall be of public record. All hearings shall be open to the public.
Sec. 34-47. Quorum
Four (4) members of the ZBA shall be necessary to constitute a quorum. No official business of the ZBA shall transpire without a quorum present.
Sec. 34-48. Attendance
ZBA members are required to attend the meetings referenced in Section 34-46 above. If a member is absent from three (3) successive regular meetings without notification, it shall be considered a voluntary resignation. A simple majority vote of the ZBA may declare the position vacant and request that the mayor appoint a new member to fill the vacancy.
Sec. 34-49. Committees
There shall be one (1) standing committee of the ZBA, the Amendment committee. There may be such other committees as deemed necessary by the ZBA. Appointment to committees shall be by the chairman on an as needed basis for one (1) year terms.
Sec. 34-50. Rules and regulations.
The ZBA shall adopt and promulgate such rules and regulations as may be necessary and proper to govern the conduct of its meetings and the business to be performed subject to approval by the city council.
Section Two: That Section 10.4 of the Aurora Zoning Ordinance is hereby repealed.
Section Three: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Four: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Five: That any Section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions which shall remain in full force and effect thereafter.
PASSED AND APPROVED on ______________.
AYES ____ NAYS ____ NOT VOTING ____ ABSENT ____
ATTEST:
____________________________ __________________________
City Clerk Mayor
Legistar Number: 14-00288