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

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STAFF REPORT Decatur City Plan Commission Hearing Date October 5, 2023 Calendar No. 23-07 Proposal Amendments to Zoning Ordinance (Ordinance #3512, as amended) including but not limited to Section XXX Zoning Board of Appeals Petitioner Cordaryl Patrick, Director of Economic and Community Development NOTE This item was brought to the Plan Commission August meeting for a public hearing.However,because of a procedural issue the item must be heard again before Plan Commission before a recommendation is sent to the City Council. 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. This proposed amendment to the Zoning Ordinance 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. DESCRIPTION/ANALYSIS 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(0)). The proposed language for the Heating Officer is in compliance with State Statute. STAFF RECOMMENDATION City staff recommend approval of the proposed amendments. PLAN COMMISSION ACTION Section XXIX.G. of the Zoning Ordinance requires the Plan Commission to hold a public hearing and make recommendations to the City Council on amendments to the Zoning Ordinance. A motion to forward Calendar Number 23-07 to the City Council with a recommendation of approval is suggested.