A.

General provisions. The city council may from time to time amend or change by ordinance the number, shape, or area of districts established on the zoning map or the regulations set forth in the ordinance, but no such amendment or change shall become effective unless the petition proposing such amendment or change shall first be submitted to the planning commission for recommendations or suggestions.

B.

Initiation of amendment. Amendments may be proposed by the city council or the interested property owner.

C.

Application for amendment. An application for an amendment shall be filed with the zoning administrator. Should the application be withdrawn prior to publication of legal notice thereon the filing fee, as required by Section 5 of this article, shall be returned upon written request of the owner.

D.

Hearings on applications. The planning commission, before submitting its recommendations and report to the city council, shall hold a public hearing on the proposed amendment, supplement, or change. The zoning administrator shall give not less than fifteen (15), nor more than thirty (30) days' notice of the time and place of such hearing by publication in one or more newspapers published in the City of Beardstown.

E.

Findings of fact and recommendation of the planning commission. Within fifteen (15) days after the close of the hearing on the proposed amendment, the planning commission shall make written findings of fact and shall submit same together with its recommendations to the city council. The planning commission shall recommend to the city council one of the following three (3) actions: approval, conditional approval, or denial. A tie vote by the planning commission shall be considered a recommendation to deny the application. Where the purpose and effect of the proposed amendment is to establish or change the zoning classification of particular property, the planning commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters:

1.

Existing uses of property within the general area of the property in question;

2.

The zoning classification of property within the general area of the property in question;

3.

The suitability of the property in question to the uses permitted under the existing zoning classification;

4.

The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification;

5.

The relationship of the uses allowed under the proposed zoning classification to the official city plan.

The planning commission shall not recommend the adoption of a proposed amendment unless it finds that the adoption of such amendment is in the public interest and is not solely for the interest of the applicant. The planning commission may recommend the adoption of an amendment changing the zoning classification of the property in question to a more restrictive classification than that requested by the applicant.

F.

Special use permits. To provide for the location of certain uses with unique characteristics which may be appropriate for and compatible within a given zoning district, but which are not an express permitted use within that zoning district, a classification of special use is hereby established. The review requirements and standards outlined in this subsection are designed to provide a stricter examination of such uses in order to assure compatibility within the zoning district and to minimize potential harmful effects of the use. Such special uses may be developed in a zoning district only if findings are made that the standards and conditions set forth in this subsection are met.

1.

Utilizing the provisions established by this section, an applicant may file an application for a special use permit, allowing for the establishment, operation, and maintenance of a particular use, which traditionally affects the public interest, but whose unusual nature may give rise to unique problems for neighboring property or public facilities.

2.

Special uses shall conform to all the applicable requirements governing bulk, off-street parking and loading, and all other applicable provisions of this ordinance.

3.

In reviewing the special use permit application and the other evidence presented, the planning commission shall consider the following criteria. Any request for a special use permit shall be reviewed for consistency with the following criteria:

(a)

The use is in substantia] harmony with the purpose and intent of the zoning district in which it is to be located.

(b)

The use conforms to all applicable regulations of the zoning district in which it is to be located.

(c)

The use is necessary for the public convenience at the location.

(d)

The use is consistent with applicable provisions of the city's comprehensive plan.

(e)

The use is compatible with the existing or allowable uses of adjacent properties.

(f)

The use will preserve the essential character of the neighborhood in which it is located.

(g)

The use will not adversely affect the public health, safety, or welfare.

(h)

The use will not adversely influence living conditions in the immediate vicinity.

(i)

The use will not adversely affect adjacent properties.

(j)

The use will not create undue traffic congestion.

(k)

The request conforms to all applicable provisions of this ordinance.

4.

The planning commission shall prepare and adopt findings and make a recommendation on the application in accordance with the section. Before making a recommendation to the city council on an application for a special use permit, the planning commission shall make findings of fact based upon the evidence presented in the hearing. These findings should detail the degree to which the proposed special use is consistent with the foregoing review criteria and should assist in clarifying any conditions or restrictions recommended as a result of the review process. The approval of a special use permit shall not be made unless the evidence presented is such to establish all of the following:

(a)

That the proposed use is designed, located, and proposed to be operated so that it will not be unreasonably injurious to the zoning district in which it shall be located or otherwise detrimental to the public health, safety, or general welfare.

(b)

That the proposed use substantially complies with the specific requirements of, and preserves the essential character of the zoning district in which it shall be located.

(c)

That the proposed use is reasonably necessary for the public convenience at the location in question.

5.

In granting approval for any special use permit, the planning commission may recommend and the city council may impose additional conditions as are deemed appropriate or necessary for the reasonable protection of the public health, safety, and welfare and to carry out the purposes of this ordinance including, but not limited to, the following:

(a)

Regulate the location, extent, and intensity of such uses.

(b)

Require adherence to an approved site plan.

(c)

Require additional landscaping and the screening of such uses by means of fences, walls, or vegetation.

(d)

Stipulate required minimum lot sizes, minimum yards, and maximum height of buildings and structures.

(e)

Regulate vehicular access and volume, and the design and location of parking and loading areas and structures.

(f)

Require conformance to health, safety, and sanitation requirements, as necessary.

(g)

Regulate signs, architectural features, and outdoor lighting.

(h)

Any other conditions deemed necessary to effect the purposes of this ordinance.

G.

Action by the city council. After receiving the report and recommendations of the planning commission, the city council shall take action upon the recommendation of the planning commission without hearing testimony or argument upon the matter. The city council may affirm, reject, or modify the recommendation of the planning commission or it may continue the issue to another date. If an application for a proposed amendment is not acted upon finally by the city council within six (6) months of the date upon which the planning commission recommendation is reported to the council, the application shall be deemed to have been denied. After any application for an amendment has been acted upon by the council, another application requesting the same relief shall not be accepted or considered by the council for a period of six (6) months after such action, unless the successive application shows that there has been a substantial change in circumstances since such action.

H.

Protests. If a written protest against a proposed amendment of the regulations or a change in the boundaries of a district, signed and acknowledged by either (1) the owners of twenty (20) per cent or more of the frontage proposed to be altered, (2) the owners of twenty (20) per cent or more of the frontage immediately adjoining or across an alley therefrom, or (3) the owners of twenty (20) per cent or more of the frontage directly opposite the frontage proposed to be altered, is filed with the city clerk on or before the date of the public hearing before the planning commission, such an amendment shall not be passed except by the favorable vote of two-thirds of the members of the city council then holding office.

(Ord. No. 2020-06, § 2, 4-7-2020)

The board of appeals, after a public hearing, may determine and vary the application of the regulations set forth in this ordinance in harmony with the general purpose and intent, only in the specific instances set forth in section 2 of this article.

A.

Board of appeals. The board of appeals shall consist of seven (7) members to serve five (5) year terms. Members shall be appointed by the mayor with the concurrence of the city council. One member of the board shall be a member of the planning commission.

1.

Chairperson. A chairperson shall be elected by the board membership to serve a one year term. Meetings of the board shall be called by the chairperson. Four (4) members of the board shall constitute a quorum.

2.

Duties.

(a)

The board shall select one of its members as secretary, who shall keep the minutes of the meetings of the board and shall keep its records and files.

(b)

The board shall keep minutes of its meeting, showing the vote of each member upon every question, including whether the member was absent or failed to vote. Every action, decision or determination of the board shall be signed by the chairperson, attested by the secretary, and filed in the office of the city clerk.

(c)

The board shall hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator under this ordinance.

(d)

The board shall hear and decide all matters specifically referred to it by the provisions of this ordinance.

(e)

The board shall hear and decide requests for variations in the application of the regulations imposed by this ordinance as set forth in section 2 of this article.

3.

Voting. The concurring vote of four (4) members of the board is required to reverse any order, requirement, decision or determination of the zoning administrator. A simple majority of the board members present is required to permit any variation in the application of the regulations imposed by this ordinance or to decide in favor of the applicant on any matter upon which it is required to act under this ordinance.

4.

Testimony. All testimony by a witness shall be taken under oath and shall be made a part of the official board of appeals meeting records.

5.

Public hearings. A public hearing concerning an appeal shall be held prior to any action by the board. Procedures for the public hearing shall be in accordance with Article XV [XIV], section 1A3 of this ordinance.

6.

Authorized variations by the board of appeals. Variations from the regulations of this ordinance shall be granted by the board of appeals only in accordance with the standards established in section 3 of the article and may be granted only in the following instances, and in no others:

(a)

To permit a yard or setback required by the applicable regulations for those situations not covered by Article IV through Article XI but in no event shall the board permit a yard or setback less than eighty (80) per cent of the required yard or setback.

(b)

To permit the use of a lot or lots for a use otherwise solely prohibited because of insufficient area or width of the zoning lot for those situations not covered by Articles IV to XI, but in no event, shall the respective area and width of a zoning lot be less than eighty (80) per cent of the required area and width.

(c)

To reduce applicable accessory off-street parking or loading spaces required by not more than one parking space or loading space, or twenty (20) per cent of the applicable regulations, whichever number is greater.

(d)

To increase by not more than fifteen (15) per cent the maximum gross floor area of any use so limited.

7.

Standards of variations and conditions. Before granting any variation, the board shall hear sworn evidence upon and determine:

(a)

That the property in question cannot be economically used or cannot yield a reasonable return if permitted to be used only for the conditions allowed by the regulations,

(b)

That the plight of the owner is due to unique circumstances, and

(c)

That the variation, if granted, will not alter the essential character of the locality, impair an adequate supply of light and air to adjacent property, increase the congestion of traffic, or diminish or impair property values in the locality.

Every decision or order of the board granting a variation shall include findings of fact specifying the reason for granting the variation, including specifically, a finding that the evidence produced at the hearing sustains each of the conditions enumerated above. The board or the city council may prescribe such conditions or restrictions applying to the grant of a variation as it may deem necessary in the specific case to minimize the adverse effects of such variations upon other property in the neighborhood, and to secure the public health, safety, and other aspects of the general welfare.

Failure to comply with all of the conditions or restrictions included in the grant of a variance shall constitute a violation of this ordinance.

The zoning administrator shall be the officer in full charge of the enforcement of the Beardstown Zoning Ordinance. He shall be appointed by the mayor with the concurrence of the city council. The salary of the zoning administrator shall be fixed by the council.

A.

Powers and duties. The zoning administrator shall:

1.

Consider such action necessary in the public interest, intervene, for and on the behalf of the city in any public hearings before the board of appeals or the planning commission, present facts and information to assist the board or commission in reaching a decision, resist and oppose any deviations from the standard provisions of the ordinance;

2.

Propose and recommend, to the city council, the enactment of amendments to this ordinance for the purpose of improving administration and enforcement of the ordinance;

3.

Propose and recommend to the city council, the enactment of amendments to the zoning map as made desirable or necessary by judicial or administrative proceedings or as deemed desirable or necessary because of changed or changing conditions;

4.

Establish and administer rules and regulations for proceedings, together with the necessary forms for such proceedings, for processing amendments, conditional permitted uses and variations, issuing certificates, building permits and for recording those matters and things required by this ordinance;

5.

Maintain a map or maps, as required by the Illinois State Statutes, showing the current zoning classification of all land in the city and the location, type, and identity of all nonconforming uses;

6.

Maintain a current register of all nonconforming uses;

7.

Receive, file and forward to the city council, all petitions for amendments to this ordinance, and all applications for conditional permitted uses;

8.

Receive and file all copies of all applications for appeals, variations and other matters such as conditional permitted uses on which the board of appeals is required to pass under this ordinance;

9.

Present facts and information to assist the planning commission in reaching a decision for recommendations on proposed zoning amendments, and conditional permitted uses;

10.

Determine accessory off-street parking requirements in Article XIII; and

11.

Make available to the public, information relative to all matters arising out of this ordinance and post public notices called for in this ordinance.

B.

Enforcement. The zoning administrator shall be responsible for the enforcement of this ordinance and shall:

1.

Conduct investigations and surveys to determine compliance or noncompliance with the provisions of this ordinance;

2.

Notify, by written notice, violators of the provisions of this ordinance.

No change in the use of the land or a structure shall be instituted and no structure shall be erected, altered or moved until a building permit has been issued by the zoning administrator.

A.

The fees for making application for an amendment, variation of for a change, enlargement or extension of a nonconforming use are as follows:

Less than 10,000 sq. ft. to be rezoned .....$ 50.00

10,000 to 19,999 sq. ft. .....60.00

20,000 to 29,999 sq. ft. .....70.00

30,000 to 43,560 sq. ft. .....80.00

For parcels larger than one acre (43,560 sq. ft.) .....80.00

Plus per acre or fraction of an acre over the first acre .....5.00

B.

The expenses of the hearing shall be paid by the petitioner, including an advance to the reporter for taking testimony at the hearing.

C.

The fee for appeals from any order, requirement or decision of the zoning administrator to the board of appeals shall be one hundred seventy-five dollars ($175.00).

D.

The fees for building permits are based on the estimated cost of construction and are as follows:

$0.00 to $500.00 .....no fee

$500.00 to $5,000.00 .....$ 20.00

$5,000.00 to $10,000.00 .....25.00

$10,000.00 to $20,000.00 .....30.00

$20,000.00 to $30,000.00 .....35.00

$30,000.00 to $50,000.00 .....50.00

Over $50,000.00 cost is $50.00 plus $0.50 for each additional one thousand dollars ($1,000.00).

(Ord. No. 93-20, 10-5-93)

In case any building or structure is constructed, reconstructed, altered, repaired, converted, or maintained in violation of these regulations, the zoning officer or any property owner or tenant in the same contiguous zoning district may institute an appropriate action or proceeding:

A.

To prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use of the property;

B.

To prevent the occupancy of the building, structure, or land;

C.

To prevent the illegal use of the property;

D.

To restrain, correct, or abate the violation.

When such action is begun, the property owner or tenant shall serve the mayor with notice of such action. No such action may be maintained until such notice has been served.

The city council should publish, no later than March thirty-first of each year, a zoning district map showing the zoning uses, divisions, restrictions, regulations, for the preceding year. Any person desiring a copy of such map shall pay five dollars ($5.00) for each copy.