Appeals; hearings; notice.
(1) Appeals to the Board of Adjustment can be taken by any person aggrieved or by an office aggrieved or by an officer, department or board of the municipality affected by the decision of the Building Official. Such appeal shall be taken within 15 days after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
(2) The Board of Adjustment shall fix a reasonable time for the hearing of an appeal, give the public notice thereof by posting such notice in the mail addressed to all owners of the real property located within 200 feet of the property on which the appeal is made and by publishing notice of such hearing in a newspaper of general circulation. Both the posted and published notice shall be given at least 10 days prior to the date set for the hearing. At the hearing, any party may appear in person or by attorney or agent.
Stay of proceedings. An appeal shall stay all proceedings of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have 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 such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Adjustment or by a court on application of notice to the officer from whom the appeal is taken on due cause shown.
Jurisdiction. When in its judgement the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the Board of Adjustment may, in specific cases, after public notice and public hearing and subject to appropriate conditions and safeguards, authorize the following special exceptions to the regulations herein established:
(1) Permit the reconstruction, extension or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building or the reconstruction of a structure destroyed by fire or the elements, not to exceed 60% of its reasonable value, and the addition of off-street parking or off-street loading to a nonconforming use.
(2) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Official in the enforcement of this chapter.
(3) Permit such variance or modifications of the height, yard, area, coverage, floor area ratio, parking, loading or sign regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape or slope that it cannot be appropriately developed without such modification. In exercising its powers to grant a variance in accordance with this chapter, the Board of Adjustment shall make findings and show in the minutes that:
(a) There are special circumstances existing on the property on which the application is made related to size, shape, area, topography, surrounding conditions and location that do not apply generally to other property in the same area and the same zoning district.
(b) That a variance is necessary to permit the applicant the same rights in the use of his property that are presently enjoyed, under this chapter, by other properties in the vicinity and zone, but which rights are denied to the property on which the application is made.
(c) That the granting of the variance of the specific property will not adversely affect the land use pattern as outlined by the Land Use Plan and will not adversely affect any other feature of the Comprehensive Plan of the City of Collinsville.
(d) That the variance, if granted, will be no material detriment to the public welfare or injury to the use, enjoyment or value of property in the vicinity.
(4) Require the discontinuance of nonconforming uses of land or structure under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of this chapter. All actions to discontinue a nonconforming use of land or structure shall be taken with due regard to the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of the property. The Board shall, from time to time on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the City.
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