Zoning Board of Appeals
What is the Zoning Board of Appeals
The Zoning Board of Appeals is an advisory Board to the Lombard Board of Trustees. The ZBA consists of seven members nominated and appointed by the elected officials of the Village of Lombard and serve a five-year term.
Function of the ZBA
The function of the ZBA is to provide advice and recommendations to the Board of Trustees regarding variations.
- Zoning Board of Appeals Ordinance (Section 32.110 begins on Page 42)
The ZBA meets the fourth Wednesday of the month and is held in the Village Hall Board Room at 7:00 p.m. When the November and/or December meetings conflict with the holidays, they are rescheduled. Meetings are open to the public.
The full application packet is available.
Steps to a ZBA Public Hearing
The Planning Services Division of the Community Development Department works with property owners and developers to guide them through the public hearing process. You can contact a Planning Services staff member at 630-620-5749. The public hearing development review process consists of the following steps:
A. Preapplication Meeting: A short pre-application meeting with a Planning Services staff member. This step is highly recommended to discuss the proposal and the requirements of the Village.
B. Application Submittal: 25 copies of the following items must be submitted to the Department of Community Development in person no later than five weeks prior to the public hearing date.
1. Petition: The application must be completed and the signatures of the petitioner and property owner notarized (there are notaries on staff at the Village). This application identifies the petitioner for the variation and the owner of the property for which the relief is requested. If the property is in a trust, a Land Trust Beneficial Interest Disclosure Act form must accompany the application.
2. Plat of Survey: The plat must show all improvements to the property as they currently exist. The plat must be legible, and "to scale" and include the complete legal description.
3. Site Plan: The site plan is a footprint of the proposed construction. The site plan must be "to scale", showing exact distances from all property lines and structures on the property. For single-family residences, the site plan may be drawn on the copy of the Plat of Survey.
4. Additional Information (consult with staff for further direction): Additional information that may be helpful in determining the necessity of the proposed construction should be included with the application. This could include building elevations, floor plans of the existing and/or proposed structure, layout or configuration of the property, etc.
5. Kane-DuPage Soil and Water Conservation District (if required): Visit their website for more information.
6. Illinois Department of Natural Resources Application regarding Endangered and Threatened Species (if required): Visit their website for more information.
7. Standards for a Variation: The Standards for a Variation must be met in order for a variation to be approved. Each applicant must provide a written response to each of these standards. These responses explain to staff and the ZBA members the hardship that exists, and that a variation to the Zoning and/or Sign Ordinance is necessary for the proposed construction.
8. Application Fee: Fees vary depending on the requested relief. The application fee is the total of all applicable fees, including fees for newspaper publication and public hearing signs. Please consult the fee schedule and/or a staff member to determine the appropriate fees.
C. Staff Report: Prior to the meeting date, a copy of the staff report is sent to the petitioner. A staff report written by a planning staff member states the issues of the requested variance, the variance in relation to the applicable standards of the Zoning and/or Sign Ordinances, a statement of recommendation of how it relates to the applicable standards of Village Code, and a statement of recommendation of approval or denial to the request. The statement of approval or denial is a recommendation only.
D. Public Notice: Property owners within two hundred fifty feet (250') of the subject property must be notified no more than thirty (30) days and no less than fifteen (15) days in advance of the public hearing. A public notice sign is placed in front of the subject property and a notice is published in the newspaper.
E. The Meeting: The petitioner or his/her representative is required to attend the ZBA meeting. The meeting is a public hearing and anybody is welcome to attend. At the ZBA meeting, the petitioner or his/her representative is sworn in and then he/she states his/her request and any additional information relevant to the request. The petitioner has a maximum of thirty (30) minutes to present evidence and testimony without interruption. When the petitioner has finished, the hearing is open to people in attendance wishing to speak either for or against the petition. The public shall have a combined thirty (30) minutes to present all evidence and testimony. The petitioner has fifteen (15) minutes for rebuttal of any evidence or testimony presented. Next, a Planning Services Division staff member presents the staff report. Finally, the ZBA members ask the petitioner and staff questions in order to make a final decision of approval, continuance, or denial.
F. The ZBA Recommendation: The decision by the ZBA is again only a recommendation. The motion by the ZBA may be a recommendation to approve the petition as filed; a recommendation to approve the petition with conditions; a continuance of the petition to a specified date with or without amendments; or a recommendation to deny the petition. The petition is then forwarded to the Board of Trustees.
G. The Board of Trustees: The Board of Trustees meet on the first and third Thursday of every month (with the exception of July and August) at 7:00 p.m. in the Village Board Room of Village Hall. A petition must have two (2) "readings" before the Board of Trustees. It is highly recommended that the petitioner or his/her representative be present at these meetings. The Board of Trustees makes the final decision on the second "reading" of the petition. Once the Board of Trustees approves the request, the petitioner can submit for a building permit. New evidence may not be presented to the Board of Trustees. If any new evidence is forthcoming, the Board of Trustees may return the petition to the ZBA. Therefore, it is critical that all evidence be presented at the ZBA public hearing.
Validity of Variations
An approved variation by the Board of Trustees is valid for one (1) year from the date on which it is approved. If the work for which the variation is granted is completed within one (1) year of the approval date, and all of the conditions of the variation approval are met, then the variation will never expire. However, if a building permit is not received, and significant work is not completed on the improvement for which a variation was necessary after one (1) year, the variation will expire. The petitioner will have to apply for a variation again if construction cannot be completed in compliance with the current requirements of the Zoning Ordinance.