|
On this Page...
Introduction
Meeting Information
Agendas & Minutes
Standards for Variances
Public Hearing Procedures
Frequently Asked Questions
Introduction
The Zoning Board of Appeals serves as a review board for variances to the city’s ordinances pertaining to street graphics, tree preservation, and zoning. The Zoning Board of Appeals serves in a fact finding capacity by evaluating variance requests and providing recommendations to City Council.
The Zoning Board of Appeals is comprised of seven members appointed by the Mayor and confirmed by City Council. All of the members are City of Naperville residents from a variety of different backgrounds. The seven members serve staggered three year terms from the date of appointment and confirmation.
Meeting Information
7 p.m.
Second Tuesday of each month
City Council Chambers
Municipal Center
400 South Eagle Street
The 2010 meeting schedule for the Zoning Board of Appeals can be viewed by selecting the Community Calendar. For more information, please contact the Zoning Board of Appeals Project Assistant (630) 548-2974 or the Planning Services Team at (630) 420-6694.
Agenda Packet and Minutes
The agenda packet which include all reports, attachments and supporting documentation and minutes for the previous Zoning Board of Appeals meetings can be accessed by selecting the icons provided below. The packet is also available through the City Clerk’s Office located in the Naperville Municipal Center, 400 South Eagle Street. All minutes posted on the website have been approved by the Zoning Board of Appeals.
Agenda Packets
|
Minutes
|
March 9, 2010
|
--
|
February meeting canceled
|
January meeting canceled
|
December 8, 2009
|
--
|
November 10, 2009
|
November 10, 2009
|
October 13, 2009
|
October 13, 2009
|
September 23, 2009
|
September 23, 2009
|
September meeting canceled
|
August 11, 2009
|
August 11, 2009
|
July 14, 2009
|
July 14, 2009
|
June 9, 2009
|
June 9, 2009
|
May 12, 2009
|
May 12, 2009
|
April 14, 2009
|
April 14, 2009
|
March 10, 2009
|
March 10, 2009
|
February meeting canceled
|
January 13, 2009
|
January 13, 2009
|
Archived ZBA agendas and minutes are also available on the city's Web site.
Standards for Variances
In order to receive approval of a variance, an applicant must meet the standards associated with the variance request. Depending on whether the variance request is related to signage or zoning, there are different sets of standards that must be addressed for each. Both sets of standards can be viewed by viewing:
Public Hearing Procedures
The majority of the Zoning Board of Appeals meetings include a public hearing. Public hearings are intended to provide the public with an opportunity to express their views regarding specific variance requests. When considering the feasibility of a variance request, the Zoning Board of Appeals takes into account the viewpoints expressed during the public hearing. All Zoning Board of Appeals recommendations are forwarded to the City Council in conjunction with all variance requests.
At the beginning of the hearing, the Chairperson of the Zoning Board of Appeals will call the meeting to order and introduce each new item of business. The Chairperson has the authority to take any necessary measures to control the hearing, including closing the meeting, clearing the hearing room, and calling the public in one at a time to testify. The Chairperson will swear in all persons intending to speak on the case at this time.
Applicant's Testimony
The applicant will be given a suitable amount of time to provide an overview of the request and to provide factual information (by the applicant or by witnesses called by the applicant) in support of this request (generally 10 - 15 minutes). The Zoning Board of Appeals may ask questions at this time to clarify the applicant’s request.
Public Testimony
Anyone wishing to testify must sign in with the Zoning Board of Appeals Project Assistant either before the hearing or upon completion of testimony. After the petitioner has completed their presentation, the names of those who signed up to speak will be read by the Zoning Board of Appeals Project Assistant in the order in which they signed up. Once all the names from the sign-up sheet have been called, those who did not have an opportunity to sign up in advance of the meeting will have a chance to speak.
All testimony before the Zoning Board of Appeals must be given from the podium so that a transcribable record may be made. Spontaneous comments from the floor are not permitted and will not be considered in the public record. Persons testifying are required to state their name, address and interest in the proceedings (i.e. neighbor, property owner, etc.) for the record. Any exhibits presented to the Zoning Board of Appeals will be included in the record.
Testimony will be limited to the relevant facts of the case and standards for approval. All testimony will be recorded as part of the public record. As such, it is not necessary to repeat previously stated testimony. All questions regarding public testimony offered by the petitioner, a member of the public, city staff, or the Zoning Board of Appeals shall be directed to the Chairperson of the Zoning Board of Appeals. The Chairperson will request the appropriate person provide a response. Please be aware that follow-up questions relating to individual's opinion will not be allowed. When factual data is offered as part of the public testimony, the Board may ask for the speaker’s qualifications on the topic to complete the record. The petitioner and/or other members of the public also have the right to call witnesses in support of their position.
Any member of the public may also provide written testimony at any time during the public hearing process. The hearing will remain open until all relevant evidence and testimony is presented.
Zoning Board of Appeals Deliberation
After the petitioner and the public have had an opportunity to speak, the Zoning Board of Appeals will close the public hearing and discuss the case internally. During the discussion, staff will provide the Board with insight regarding the proposal which often includes a recommendation to approve, deny, or continue the case. Upon consideration of all pertinent evidence, the Zoning Board of Appeals will either offer a recommendation regarding the proposal or continue the case for consideration at a later meeting date, which will be identified during the hearing.
These rules and procedures are designed to ensure a fair and orderly decision-making process and to promote public participation during the variance consideration process. If you have questions, please feel free to contact the Zoning Board of Appeals Project Assistant at (630) 548-2974 or Planning Services Team at (630) 420-6694 for further explanation.
Frequency Asked Questions
1. Please describe the variance process.
In order to begin the variance process, a property owner must complete an application for either a zoning variance (PDF 66 KB) or signage variance (PDF 36 KB) and submit it to the Development Review Team (DRT) (630) 420-6692. In addition to a completed application, a $405 fee ($325 filing fee and $80 public hearing fee) along with all supplemental supporting documentation must be submitted at the time of application. Please refer to the variance application for further details regarding the specific submittal requirements.
Upon submittal of the application package, the DRT Project Manager will conduct an initial review of the packet to ensure that the required number of items and exhibits has been supplied. Once a packet is accepted, it will be routed to the Zoning Board of Appeals Project Assistant (630) 548-2974 who will issue a case number and assign a planner (zoning variance) or code enforcement representative (signage variance) to the case. The planner or code enforcement representative will assist the DRT Project Manager with coordination of the case.
The Zoning Board of Appeals Project Assistant will then route copies of the application packet, including all supporting documents, to the applicable staff for their review. A more detailed review of the application packet and variance request is conducted by staff to ensure the information supplied is complete and accurate, and to evaluate the standards for granting the variance. If there are any deficiencies, the petitioner will be notified as to what items are deficient and the date by which they must be received to retain a place on the Zoning Board of Appeals agenda. If revisions are not received and accepted by staff within the time frame requested, the matter will be deferred to the next available meeting.
Once the application is accepted, it will be scheduled for the next available Zoning Board of Appeals agenda. The assigned staff representative will notify the petitioner of the public hearing date.
The petitioner must give proper public notification of the public hearing. Additional details regarding the mandatory notification requirements can be obtained within the variance application.
The staff representative assigned to the case will prepare a memorandum for the Zoning Board of Appeals indicating staff’s recommendation on the variance. The Zoning Board of Appeals will conduct the public hearing in accordance with the procedures outlined above. Note that the petitioner is expected to attend the Zoning Board of Appeals meeting to provide an overview of the variance request. At the conclusion of the public hearing, the Zoning Board of Appeals will make a recommendation to approve or deny the request.
The Zoning Board of Appeals decisions are only advisory in nature and do not constitute a final ruling. After the Zoning Board of Appeals has offered a recommendation, the variance request will be scheduled for the next available City Council agenda. The planner or code enforcement representative assigned to the case will notify the petitioner of the public hearing date. The petitioner is expected to attend the City Council meeting in order to respond to questions, as needed. City Council has the final decision making authority regarding the zoning variance request.
2. How long does the variance process take?
The variance process includes a minimum of one hearing before the Zoning Board of Appeals and one meeting in front of the City Council. On average, the process typically takes three to four months to complete from the date of application to the DRT.
3. What is the fee for filing a variance request with the city?
The city charges a $325.00 administrative review fee to cover staff time dedicated to processing each variance request as well as a $80.00 fee for publication of the legal notice in a local newspaper. These fees do not cover additional costs incurred by the applicant throughout the variance process (plan preparation, attorney fees, etc.).
4. Can I get a copy of the audio tape from the Zoning Board of Appeals public hearing?
The audio tape is available to the public at the Naperville Municipal Center. The public may listen to the audio tape while at the Municipal Center. Copies of the audio tape are not available. The audio tapes are maintained for a one-year period.
5. How do I find out what my property is zoned?
The zoning designation for your property can be obtained by using the planning viewer and entering your property address or PIN number.
6. How do I access the City of Naperville’s Municipal Code?
The Municipal Code can be accessed through the City of Naperville Web site. The city’s Street Graphics Code (signage variances) can be found within Title 5 of the Municipal Code and the city’s Zoning Code (zoning variances) is contained within Title 6 of the Municipal Code.
7. If I receive City Council approval of a variance, can I immediately begin construction?
Once City Council has approved a variance, construction cannot begin until a permit has been issued by the city. If a permit has not been applied for prior to City Council approval, a permit application must be completed and submitted to the Development Services Desk to allow for full review of the proposal.
8. If my property is located within the Historic District and I receive approval of a variance from City Council, do I still need to receive approval of a Certificate of Appropriateness.
Variances approved by City Council do not usurp the authority of the Historic Sites Committee to consider and approve Certificates of Appropriateness. A Certificate of Appropriateness is required prior to any modifications being made to the exterior elevations. Additional information regarding the Certificate of Appropriateness process can be obtained from the city’s Historic Sites Commission Web page.
|