2023-70 Ordinance Amending Zoning Ordinance - Section XXX Zoning Board of Appeals

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ECONOMIC & COMMUNITY DEVELOPMENT MEMORANDUM No. 23-17 October 13, 2023 TO: Honorable Mayor Julie Moore Wolfe and City Council FROM: Scot Wrighton, City Manager Cordaryl "Pat"Patrick, Community Development Director SUBJECT: Ordinance Amending Zoning Ordinance to Amend Home Occupation Regulations and Add Provisions to Combine and Divide Zoning Lots SUMMARY RECOMMENDATION: Staff recommends approval of this ordinance Amending the Zoning Ordinance to Section XXX Zoning Board of Appeals to reduce the quorum for the ZBA meetings from 5 members to 4 members and allow for a Hearing Officer to perform the power and duties of the Zoning Board of Appeals, if needed. The City Plan Commission voted 6- 0 to recommend approval of the petition at the October 5, 2023 meeting. The minutes of the meeting are attached. BACKGROUND: The current City of Decatur Zoning Ordinance was adopted in May of 2002. Over time, Staff has determined certain amendments are necessary to make the Zoning Ordinance more comprehensive and applicable to the changing built urban environment while keeping the charge of making Decatur a quality place to live, work and play. The City has recently had difficulty meeting the quorum requirements to hold ZBA meetings to perform their power and duties including holding needed public hearings. The ZBA does not meet on a regular basis because of a lack of petitions which makes it difficult to maintain a full board membership of 7 members. The Board of Appeals had no petitions and meetings in 2022 and five meetings in 2021. The proposed changes will provide the City options to meet the ZBA's requirements in a timely manner. State Statute allows for a minimum quorum of 4 members for Board of Appeals (65 ILCS 5/11- 13-3.(g)) and allows for a Hearing Officer to perform the power and duties of the ZBA (65 ILCS 5/11-13-14.1(Q. The proposed language for the Heating Officer is in compliance with State Statute. PRIOR COUNCIL ACTION: None POTENTIAL OBJECTION: No objectors spoke at the Plan Commission meeting. INPUT FROM OTHER SOURCES: The Ordinance Amendment was reviewed by the City's Legal Department. STAFF REFERENCE: Any additional questions may be forwarded to Cordaryl Patrick (cpatrick(cr�,decaturil.gov). BUDGET/TIME IMPLICATIONS: None.