Blue Island City Zoning Code

ADMINISTRATION AND

ENFORCEMENT

§ 165.080 VARIOUS OFFICIALS TO ENFORCE.

(A) The administration of this chapter is hereby vested in these offices of the government of the city, as follows:

(1) Office of the Building Official; and

(2) The Planning and Zoning Board of Appeals.

(B) This subchapter shall set out the authority of each of the above offices, and then describe the procedure and substantive standards with respect to the following administrative functions:

(1) Issuance of zoning certificates;

(2) Issuance of occupancy certificates;

(3) Variations;

(4) Appeals;

(5) Amendments;

(6) Special uses; and

(7) Fees.

(Prior Code, § 166.085) (Ord. 2151, passed 6-28-1971; Ord. 2021-043, passed 9-14-2021)

§ 165.081 BUILDING OFFICIAL.

The Building Official of the city and such deputies or assistants as have been, or shall be duly appointed by the Mayor, shall enforce this chapter and, in addition thereto, and in furtherance of such authority shall:

(A) Issue all zoning certificates and make and maintain records thereof;

(B) Issue all certificates of occupancy and make and maintain records thereof;

(C) Conduct inspections of buildings, structures, and uses of land to determine compliance with the terms of this chapter;

(D) Maintain permanent and current records of this chapter including, but not limited to, all maps, amendments, special uses, variances, appeals and applications therefor;

(E) Provide and maintain a public information service relative to all matters arising out of this chapter;

(F) Receive from the City Clerk copies of all applications for amendments, special uses, variances and appeals to review for compliance with applicable ordinances;

(G) Issue permits regulating the erection and use of tents for periods not to exceed 15 days for specific purposes such as temporary carnivals, churches or charitable uses, which are not detrimental to the public health, safety, morals, comfort, convenience or general welfare; provided, however, that, said tents or operations are in conformance with all other ordinances and codes of the city; and

(H) Review, from time to time, a study of the provisions of this chapter, and make reports of any recommendations to the Planning and Zoning Board of Appeals not less frequently than once a year.

(Prior Code, § 166.086) (Ord. 2151, passed 6-28-1971; Ord. 2021-043, passed 9-14-2021)

§ 165.082 PLANNING AND ZONING BOARD OF APPEALS.

(A) Creation and membership. There is hereby established the Planning and Zoning Board of Appeals. The members of the Planning and Zoning Board of Appeals shall be appointed by the Mayor with the consent of the City Council. The Board shall consist of seven members to serve for a term of five years. One of the members so appointed shall be named as Chairperson at the time of his or her appointment. The Board shall elect from its members an acting Chairperson to act whenever the Chairperson is absent. The Chairperson and members of the Board shall serve until the expiration of their terms, or until their respective successors have been duly appointed and qualified. Vacancies shall be filled for the unexpired term of the member whose place has become vacant, in the manner herein provided for the appointment of such member. The amount of compensation and expenses of the Board or any member thereof shall be as provided by any appropriation ordinance.

(B) Jurisdiction. The Board is hereby vested with the following jurisdiction and authority:

(1) Hear and decide appeals from any order, requirement, decision or determination made by the Building Official under this chapter;

(2) Hear and make recommendations to the Mayor and Aldermen of the city regarding applications for variances and special use permits in the manner prescribed by and subject to the standards established in this chapter;

(3) Review and hear all applications for text and map amendments to this chapter, including pre- annexation agreements, and report said findings and recommendations to the City Council in the manner prescribed in § 165.088 of this chapter for amendments;

(4) Receive from the Building Official his or her recommendations as to the effectiveness of this chapter and report its conclusions and recommendations to the City Council not less frequently than once a year; and

(5) Hear and make recommendations to the City Council with regard to all matters referred to it or upon which it is required to pass under this chapter, or which are prescribed by the applicable provisions of state law.

(C) Meetings and rules. All meetings of the Board shall be held at the call of the Chairperson and at such times as the Board may determine. All hearings conducted by the Board shall be open to the public. Any person may appear and testify at a hearing either in person or by duly authorized agent or attorney. The Chairperson or, in his or her absence, the acting Chairperson may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings and shall also keep records of its hearings and other official actions. A copy of every rule or regulation, order, requirement, decision or determination of the Board shall be filed in the office of the Building Official, and shall be a public record. The Board shall adopt its own rules and procedures, not in conflict with this chapter or with applicable state law and select or appoint such officers as it deems necessary.

(Prior Code, § 166.087) (Ord. 2151, passed 6-28-1971; Ord. 2021-043, passed 9-14-2021)

§ 165.083 ZONING CERTIFICATES.

(A) Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department or employee of the city unless the application for such permit has been examined by the Building Commissioner and has affixed to it a certificate of the Building Commissioner, indicating that the proposed building, structure or use complies with all the provisions of this chapter. Any permit or certificate of occupancy issued in conflict with the provisions of this chapter shall be null and void.

(B) In the event an application has affixed to it the certificate or a “registered architect” or a “registered professional engineer” registered with the state, certifying that the building or structure, and the proposed use thereof, complies with the applicable provisions of §§ 165.065 through 165.067 of this chapter respecting performance standards, the Building Commissioner shall upon receipt of such application, approve and authorize the issuance certificate; provided, all other relevant provisions of this chapter are complied with. Such certificate shall be valid for all purposes. The Building Commissioner may, however, before issuance of the occupancy certificate, and upon examination of the plans or on the basis of other evidence, determine that the proposed activity will not in fact comply with the performance standards and so advise the architect or engineer in writing.

(1) A plat (the original or a reproduction thereof), in duplicate, of the parcel of land, lots, blocks or parts or portions thereof, drawn to scale showing the actual dimensions, as certified by a “

(2) A plat, in duplicate, drawn to a scale in such form as may, from time to time, be prescribed by the Building Commissioner, showing the ground area, height, and bulk of the building or structure, the building lines in relation to lot lines, the use to be made of the building, structure or land, and such other information as may be required by the Building Commissioner for the proper enforcement of this chapter.

(Prior Code, § 166.089) (Ord. 2151, passed 6-28-1971)

§ 165.084 OCCUPANCY CERTIFICATES.

(A) No building or addition thereto constructed after the effective date of this chapter, and no addition to a previously-existing building, shall be occupied, and no land vacant on the effective date of this chapter shall be used for any purpose until a certificate of occupancy has been issued by the Building Commissioner. No change in a use shall be made until a certificate of occupancy has been issued by the Building Commissioner. Every certificate of occupancy shall state that the use or occupancy complies with the provisions of this chapter.

(B) Every application for a building permit or zoning certificate shall be deemed to be an application for an occupancy certificate. Every application for an occupancy certificate for a new use of land where no building permit is required shall be made directly to the Building Commissioner.

(C) No occupancy certificate for a building or portion thereof constructed after the effective date of this chapter shall be issued until construction has been completed and the premises inspected and certified by the Building Commissioner to be in conformity with the plans and specifications upon which the zoning certificate was based. No occupancy certificate for a building or addition thereto constructed after the effective date of this chapter shall be issued and no addition to a previously-existing building shall be occupied until the premises have been inspected and certified by the Building Commissioner to be in compliance with all the applicable performance standards of the zoning district in which it is located.

(1) Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed six months from its date during the completion of any addition or during partial occupancy of the premises.

(2) The occupancy certificate shall be issued or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than ten days after the Building Commissioner is notified in writing that the building or premises are ready for occupancy.

(Prior Code, § 166.090) (Ord. 2151, passed 6-28-1971)

§ 165.085 PROCEDURE FOR VARIANCES, SPECIAL USES AND THE LIKE.

(A) (1) Any applicant requesting a zoning amendment, a special use, a variation of bulk and coverage controls or any other type of zoning permit, pursuant to the terms and provisions of this chapter, as amended, shall publish notice of the public hearing to be held by the City Planning and Zoning Board of Appeals to consider the application by erection of at least one, but not more than four, signs on the real property which is the subject matter of the application. The sign(s) shall be furnished and erected by the applicant at the applicant’s sole cost and expense. The number, size, location and content of the sign(s) shall conform to the additional requirements of this chapter.

(2) The applicant shall erect the sign(s) giving notice of the public hearing not more than 30 days, nor less than 15 days, before the date of the public hearing. The sign(s) shall be maintained by the applicant and kept on the property until after the date of the public hearing unless the application is withdrawn. The applicant shall remove the sign(s) within seven days of the date of the public hearing. The Building Commissioner or his or her designee shall be authorized by the applicant, as a condition of the original application, to enter onto the property to establish the location for the sign(s), to maintain the sign(s) or to remove the sign(s) in the event the applicant fails to do so within the seven-day period after the public hearing.

(3) The applicant shall submit a $50 refundable security deposit with the application to assure maintenance of the sign(s) and their timely removal by the applicant. This deposit shall be forfeited if the applicant fails to maintain the sign(s) or remove them in accordance with the terms of this chapter. The security deposit shall be refunded by the city when the Building Commissioner determines that the sign(s) was properly maintained and has been removed within the time limit provided herein. This determination shall be made within ten days of the date of the public hearing.

(4) The Building Commissioner or his or her designee shall designate the size, number and location(s) on the property where the sign(s) shall be erected. This designation shall be made within ten days of the date the application is filed. The Building Commissioner shall consider the location of the property in relation to the public streets, highways, other means of public access to the property, the location of buildings on adjacent properties and the topography of the land when determining the number and location(s) of the signs.

(5) The dimensions of the sign(s) shall be not less than 36 inches in height and not less than 48 inches in width. The sign(s) shall read as follows:

Public Notice

The property is being considered for (rezoning to or approval of a special use, or a variation in the bulk and coverage controls or other type of zoning permit). A public hearing will be held on the day of , at p.m. in Blue Island City Council Chambers, 2nd Floor City Hall, 13051 Greenwood Avenue, Blue Island, Illinois.

For information call the Building Commissioner at 708-597-8606.

(6) The notice provided for in this chapter shall be in addition to the public notice which must be published in a newspaper of general circulation published within the city as required hereby.

(B) (1) Any applicant requesting a garage variation shall publish notice of the public hearing to be held by the Community Development and Human Services Committee of the City Council to consider the application by erection of one sign on the real property which is the subject matter of the application. The sign shall be furnished and erected by the applicant at the applicant’s sole cost and expense. The size, location and content of the sign shall conform to the additional requirements of this chapter.

(2) The applicant shall erect the sign giving notice of the public hearing not more than 30 days, nor less than 15 days, before the date of the public hearing. The sign shall be maintained by the applicant and kept on the property until after the date of the public hearing unless the application is withdrawn. The applicant shall remove the sign within seven days of the date of the public hearing.

(3) The Building Commissioner or his or her designee shall be authorized by the applicant, as a condition of the original application, to enter onto the property to establish the location for the sign, to maintain the sign or to remove the sign in the event the applicant fails to do so within the seven days of the public hearing.

(Prior Code, § 166.091) (Ord. 95-342, passed 8-8-1995; Ord. 97-137, passed 3-11-1997; Ord. 2021-043, passed 9-14-2021)

§ 165.086 VARIATIONS.

(A) Purpose. The City Council, by ordinance, may grant a variation in the regulations of this chapter in harmony with their general purpose and intent, only in the specific instances and in accordance with standards and procedures hereinafter set forth.

(B) Procedure. An application for a variation shall be filed in writing with the Zoning Administrator on forms recommended by the Planning and Zoning Board of Appeals and prepared by the Zoning Administrator. Such application shall be forwarded from the Zoning Administrator to the Planning and Zoning Board of Appeals with a request to hold a public hearing and thereafter set forth its findings and recommendations to the City Council. Notice of the time and place of such public hearing shall be published at least once, not more than 30 days, or less than 15 days, before the hearing, in a newspaper of general circulation published within the city. The published notice may be supplemented by such additional notice as the Planning and Zoning Board of Appeals by rule, may require.

(1) Standards. The City Council shall not vary the regulations relating to use, construction or alteration of buildings or structures or the use of land as authorized in this chapter, unless the Planning and Zoning Board of Appeals shall have made findings based upon the evidence presented to it in each specific case that the following conditions have been complied with:

(a) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the district in which it is located;

(b) The proposed variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship which would result if the strict letter of the regulations were carried out and which is not generally applicable to other property within the same district;

(d) The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood;

(e) The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire or endanger the public safety;

(f) The proposed variation will not alter the essential character of the neighborhood; and

(g) The proposed variation is in harmony with the spirit and intent of this chapter.

(2) Recommend. The Planning and Zoning Board of Appeals may recommend the imposition of such conditions and restrictions upon the premises benefitted by a variation as may be necessary to comply with the standards established above, to reduce or minimize the effect of such variation upon other properties in the neighborhood, and to better carry out the general intent of this chapter.

(1) Variations from the regulations of this chapter shall be granted by the City Council only in accordance with the standards established in this section and only in the following instances:

(a) To permit any yard or setback less than a yard or a setback required by the applicable regulations, or an impervious coverage of 10% or less of the allowed impervious lot area;

(b) To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 75% of the required area and width;

(c) To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;

(d) To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or 20% of the applicable regulations, whichever number is greater;

(e) To increase by not more than 25% the maximum distance that required parking spaces are permitted to be located from the use served;

(f) To allow a fence, wall or hedge in excess of the height limitations specified in this chapter; and

(g) In such other instances as may be provided by law.

(2) No ordinance of the City Council granting a variance shall be valid for a period longer than six months from the date of such ordinance unless the building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced with such period.

(Prior Code, § 166.092) (Ord. 2151, passed 6-28-1971; Ord. 2021-019, passed 6-22-2021; Ord. 2021-043, passed 9-14-2021)

§ 165.087 APPEALS.

(A) An appeal may be taken to the Planning and Zoning Board of Appeals by any person, firm or corporation, or by any office, department, board or bureau aggrieved by a decision of the Building Official. Such an appeal shall be taken within 30 days after the decision on the action complained of, by filing with the Building Official a notice of appeal specifying the grounds thereof. The Building Official shall forthwith transmit to the Planning and Zoning Board of Appeals all of the papers constituting a record upon which the action appealed from was taken.

(B) An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Official certifies to the Planning and Zoning Board of Appeals, after the notice of the appeal has been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life and property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Planning and Zoning Board of Appeals or by a court of record.

(C) The Planning and Zoning Board of Appeals shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties by mailing notice thereof to the parties in interest, said mailing to be made at least ten days prior to the date of hearing. The Board shall thereafter reach its decision within 60 days from the filing of the appeal. The Board may affirm or may reverse wholly or in part, or modify the order, requirement, decision or determination, and to that end, shall have all the powers of the officer to whom the appeal is taken. The Building Official shall maintain records of all actions of the Board relative to appeals.

(Prior Code, § 166.093) (Ord. 2151, passed 6-28-1971; Ord. 2021-043, passed 9-14-2021)

§ 165.088 AMENDMENT OF CHAPTER.

(A) Authority. The City Council may, from time to time, in the manner hereinafter set forth, amend the regulations imposed in the districts created by this chapter or amend district boundary lines; provided that, in all amendatory ordinances adopted under the authority of this section, due allowance shall be made for existing conditions, the conservation of property values, the direction of building development to the best advantage of the entire city and the uses to which property is devoted at the time of the adoption of such amendatory ordinance.

(B) Initiation of amendment. Amendments may be proposed by the City Council, the Planning Commission, the Planning and Zoning Board of Appeals or by any owner or owners of property within a zoning district which would be affected by such amendment or the duly authorized agent or agents thereof.

(C) Application. An application for an amendment shall be filed with the Zoning Administrator on a suitable form provided by the Zoning Administrator, accompanied by such information and data as is recommended by the Planning and Zoning Board of Appeals. Copies of such application shall be forwarded by the Zoning Administrator to the Planning and Zoning Board of Appeals with a request to hold a public hearing thereon and to the Building Official for examination of the application and compliance with all applicable ordinances.

(D) Hearing. The Planning and Zoning Board of Appeals shall hold a public hearing on each application for an amendment at such time and place as shall be established by the Board. The hearing shall be conducted and a record of such proceedings shall be preserved in such manner as the Board shall, by rule, prescribe from time to time.

(E) Notice. Notice of time and place of such hearing shall be published at least once in one or more newspapers of general circulation within the city, not more than 30, nor less than 15, days before such hearing. Supplemental or additional notices may be published or distributed as the Planning and Zoning Board of Appeals may, by rule, prescribe from time to time.

(F) Findings.

(1) The Planning and Zoning Board of Appeals shall make written findings of fact and shall submit same together with its recommendations to the City Council within 30 days of the public hearing. Where the purpose and effect of the proposed amendment is to change the zoning classification of a particular property, the Planning and Zoning Board of Appeals shall make findings based upon the evidence presented to it in each specific case with respect to the following matters:

(a) Existing uses of property within the general area of the property in question;

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

(d) The trend of development, if any, in the general area of the property in question; and

(e) Projected use of the property, as indicated in the comprehensive plan.

(2) The Planning and Zoning Board of Appeals 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 Board may recommend the adoption of an amendment changing the zoning classification of the property in question to any higher classification than that requested by the applicant. For the purpose of this division (F), the R-1 District shall be considered the highest classification and the I-2 District shall be considered the lowest classification.

(G) Action by City Council.

(1) The City Council shall not act upon a proposed amendment to this chapter until it shall have received a written report and recommendation from the Planning and Zoning Board of Appeals on the proposed amendment.

(2) The City Council may grant or deny any application for an amendment; however, in the event of a written protest against any proposed amendment, signed and acknowledged by the owners of 20% of the frontage proposed to be altered, or by the owners of 20% of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20% of the frontage directly opposite the frontage proposed to be altered, such amendment shall not be passed except by a favorable vote of two-thirds of all the members of the City Council then holding office.

(3) If an application for a proposed amendment is not acted upon finally by the City Council, within 90 days of the date upon which such application is received by the City Council, it shall be deemed to have been denied.

(Prior Code, § 166.094) (Ord. 2151, passed 6-28-1971; Ord. 2021-043, passed 9-14-2021)

§ 165.089 SPECIAL USE PERMITS.

(A) Purpose. The development and execution of this chapter is based upon the division of the city into

districts within which the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such uses fall into two categories:

(1) Uses publicly operated or traditionally affected with a public interest; and

(2) Uses entirely private in character, but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(B) Initiation of special use. Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest or an exclusive possessory interest, and which is specifically enforceable, may file an application to use such land for one or more of the special uses provided for in this chapter in the zoning district in which the land is located.

(C) Application. An application for a special use shall be filed with the Zoning Administrator on a suitable form provided by the Zoning Administrator and shall be accompanied by such plans and other data as are recommended by the Planning and Zoning Board of Appeals, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards hereinafter set forth. Copies of such application shall be forwarded by the Zoning Administrator to the Planning and Zoning Board of Appeals with a request to hold a public hearing thereon and to the Building Official for examination of the application and compliance with all appliance ordinances.

(D) Hearing. Upon receipt in proper form of the application and statement, the Planning and Zoning Board of Appeals shall hold at least one public hearing on the proposed special use. Notice of the time and place of such hearing shall be published at least once in one or more newspapers of general circulation within the city, not more than 30, nor less than 15, days prior to such hearing. The published notice may be supplemented by such additional forms of notice as the Planning and Zoning Board of Appeals may, by rule, require.

(E) Authorization. For each application for a special use, the Planning and Zoning Board of Appeals shall report to the City Council its findings and recommendations, including the stipulation of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. If an application for a proposed use is not acted upon finally by the City Council within 90 days of the date upon which such application is received by the City Council, it shall be deemed to have been denied.

(F) Standards. No special use shall be recommended by the Planning and Zoning Board of Appeals unless such Board shall find that:

(1) The establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

(2) The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

(3) The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

(4) Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

(5) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in public streets; and

(6) The special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Planning and Zoning Board of Appeals.

(G) Special conditions and guarantees. Prior to the granting of any special use, the Planning and Zoning Board of Appeals may recommend, and the City Council shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein. In all cases in which special uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. In addition, all special use permits shall be conditioned upon the following:

(1) The special use shall be limited to the applicant and shall not be transferable except upon reapplication, hearing and approval in the manner provided in the Zoning Code;

(2) The special use approval authorizes the conduct of the special use only on the applicant's property identified in the application and is not transferable to other properties;

(3) Any modification or intensification of a special use that alters the essential character or operation of the use in a way not intended at the time the special use was granted shall require a new special use approval;

(4) The approval of a special use authorizes the property to be used in the manner proposed, but does not alone authorize the establishment or extension of any use, nor development, construction, reconstruction, alteration, or moving of any building, structure, or parking lot without first obtaining any other required permit, including a zoning certificate, building permit and certificate of occupancy;

(5) The special use shall comply with all other codes and ordinances of the City of Blue Island, the County of Cook, the State of Illinois, and the federal government; and

(6) The special use shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.

(H) Adult regulated special use.

(1) General. In the development and execution of this chapter, it is recognized that there are some uses which, because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances, thereby having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. These special regulations are itemized in this section. The primary controls or regulations are also itemized in this section and are for the purpose of preventing a concentration of these uses in any one area (i.e., not more than two such uses within 1,000 feet of each other which would create such adverse effects). Uses subject to these controls are as follows:

(a) Adult book store;

(b) Adult motion picture theater;

(d) Adult entertainment cabaret.

(2) Waiver. The Mayor and City Council may waive the locational provision set forth in division (H)(1) above for adult book stores, adult motion picture theaters, adult mini motion picture theaters or adult entertainment cabarets, if the following findings are made:

(a) The proposed use will not be contrary to the public interest or injurious to nearby properties, and that the spirit and intent of this chapter will be observed;

(b) The proposed use will not enlarge or encourage the development of a “skid row” area;

(c) The establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation nor will it interfere with any program of urban renewal; and

(d) All applicable regulations of this chapter will be observed.

(3) Locations near residential areas. It shall be unlawful to hereafter establish any adult book store, adult motion picture theater, adult mini theater or adult entertainment cabaret within 1,500 feet of any area zoned for residential use or use by churches or schools. This prohibition may be waived if the person applying for the waiver shall file with the Planning and Zoning Board of Appeals a petition which indicates approval of the proposed regulated use by 60% of the persons owning, residing or doing business within a radius of 1,500 feet of the location of the proposed use. The petitioner shall attempt to contact all eligible locations within this radius, and must maintain a list of all addresses at which no contact was made.

(a) The Planning and Zoning Board of Appeals shall adopt rules and regulations governing the procedure for securing the petition of consent provided for in division (H)(3) above. The rules shall provide that the circulator of the petition requesting a waiver shall subscribe to an affidavit attesting to the fact that the petition was circulated in accordance with the rules of the Board, that the circulator personally witnessed the signatures on the petition, and that the same were affixed to the petition by the person whose name appeared thereon.

(b) The Planning and Zoning Board of Appeals shall not consider the waiver of locational requirements set forth in division (H)(3) above until the above described petition shall have been filed and verified.

(4) Application for adult regulated special use. An application for an adult regulated special use shall be filed with the City Clerk on a suitable form provided by the City Clerk, shall be accompanied by such plans and other data recommended by the Planning and Zoning Board of Appeals, and shall include a statement in writing by the applicant along with adequate evidence showing that the proposed adult regulated special use will conform to the standards hereinafter set fo shall be supported by the waiver of location requirements as set forth in this division (H). Copies of such application shall be forwarded by the City Clerk to the Planning and Zoning Board of Appeals with a request to hold a public hearing thereon and to the Building Official for examination of the application and compliance with all applicable ordinances.

(5) Hearing on application. Upon receipt in proper form of the application and statement, the Planning and Zoning Board of Appeals shall hold at least one public hearing on the proposed adult regulated special use. Notice of the time and place of such hearing shall be published at least once in one or more newspapers of general circulation within the city, not more than 30, nor less than 15, days prior to such hearing. The published notice may be supplemented by such additional forms of notice as the Planning and Zoning Board of Appeals, by rule, requires.

(6) Authorization. For each application for an adult regulated special use, the Planning and Zoning Board of Appeals shall report to the City Council its findings and recommendations, including the stipulation of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. If an application for a proposed adult regulated special use is not acted upon finally by the City Council within 90 days of the date upon which such application is received by the City Council, it shall be deemed to have been denied.

(7) Standards. No adult regulated special use shall be recommended by the Planning and Zoning Board of Appeals unless such Board shall find that:

(a) The establishment, maintenance or operation of the adult regulated special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

(b) The adult regulated special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;

(c) The establishment of the adult regulated special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;

(d) Adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided;

(e) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in public streets; and

(f) The adult regulated special use, in all respects, conforms to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the City Council pursuant to the recommendations of the Planning and Zoning Board of Appeals.

(8) Conditions and guarantees. Prior to the granting of any adult regulated special use, the Zoning Board of Appeals may recommend, and the City Council shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the adult regulated special use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein. In all cases in which adult regulated special uses are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

(I) Planned developments. Planned developments are of such substantially different character from other special uses that specific and additional standards and exceptions are hereby established to govern the report and recommendation of the Planning and Zoning Board of Appeals and the action of the City Council.

(1) Purposes. Some specific purposes of the planned development procedure are:

(a) Residential planned development. To offer recreational opportunities close to home; to enhance the appearance of neighborhoods by the conservation of streams and local spots of natural beauty; to add to the sense of spaciousness through the preservation of natural green spaces; to counteract the effects of urban monotony and congestion in the streets; to encourage cooperative relationships between neighbors and participation by all age groups in the use and care of local open space tracts in new residential subdivisions; to promote harmonious architecture between adjacent dwellings or institutional buildings; and to encourage the placement of structures in proper relationship to the natural characteristics of the site;

(b) Business planned development. To promote the cooperative development of business centers each with adequate off-street parking; to control access points on thoroughfares; to separate pedestrian and automobile traffic; to aid in stabilizing property values; to develop centers of size and location compatible with the market potential; to buffer adjacent residential areas with landscaped green spaces; and to encourage harmonious architecture between adjacent commercial structures; and

(c) Industrial planned development. To promote the establishment of industrial parks; to permit groups of industrial buildings with an integrated design and coordinated physical plan; to encourage recreational facilities within industrial areas; and to buffer adjacent residential areas with landscaped green spaces.

(2) Required information. The developer shall be required to submit plans and other documentation to the Planning and Zoning Board as detailed in § 165.033 .

(3) Use exceptions. The Planning and Zoning Board of Appeals may recommend and the City Council may authorize that there be in part of the area of such development, and for the duration of such development, specified uses not permitted by the use regulations of the district in which said development is located; provided, the Planning and Zoning Board of Appeals finds that:

(a) The uses permitted by such exception are necessary or desirable and are appropriate with respect to the primary purpose of the development;

(b) The uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood; and

(c) Not more than 25% of the ground area or of the gross floor area of such development shall be devoted to the uses permitted by said exception.

(4) Bulk regulations. In the case of any planned development, the Planning and Zoning Board of Appeals may recommend and the City Council may authorize exceptions to the applicable bulk regulations of this chapter within the boundaries of such development; provided, the Planning and Zoning Board of Appeals finds that:

(a) Such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the residents or occupants of such development and the neighboring property, than would be obtained under the bulk regulations of this chapter for building development on separate zoning lots;

(b) The lot coverage percent for residential planned development would not exceed by more than 20% the maximum lot coverage percent which would be determined on the basis of the percentage required for the individual uses in such planned developments, as listed in § 165.023 of this chapter; and

(c) In a residential planned development the maximum number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the district or districts in which the area is located, and then increasing this number by 20%. Net development area shall be determined by subtracting the area set aside for non-residential uses from the gross development area and deducting 10% of the remainder for streets regardless of the amount of land actually required for streets. The area of land set aside for common open space or recreational use may be included in determining the number of dwelling units permitted.

(5) Additional standards.

(a) In addition to meeting the special use standards provided in § 165.088(F), no planned development shall be recommended by the Zoning Board of Appeals and approved by the City Council unless the Board and Council find that the development meets the following standards.

1. Size and ownership. The site of the planned development must be under single ownership and/or unified control and be not less than two acres in area.

2. Compatibility. The planned development shall be demonstrated by developer to be of a type, and to be so located as to exercise no undue detrimental influence upon surrounding properties and to be compatible with the surrounding uses.

3. Need. A showing of the desirability of the plan and its benefit to the community must be made.

4. Yards. The required yards along the periphery of the planned development shall be at least equal in width or depth to that of the adjacent zoning district or districts.

5. Parking requirements. Adequate parking shall be provided as required in other sections of this chapter.

6. Traffic. Adequate provision shall be made to provide ingress and egress so designated as to minimize traffic congestion on the public streets and promote safety.

(b) The planned development may depart from strict conformance with the required density, dimension, area, height, bulk, use and other regulations for the zoning district in which the property is located, as long as all special use and planned development standards are met.

(6) Conditions and restrictions. Prior to the granting of any planned development, the Planning and Zoning Board of Appeals and/or the City Council may require such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the planned development as deemed necessary for the protection of the public interest, protection of the adjacent area, and to secure compliance with the standards specified in this section. In all cases in which planned developments are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the developer is complying and will comply with the conditions stipulated.

(J) Denial of a special use. No application for a special use which has been denied wholly or in part by the City Council shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Planning and Zoning Board of Appeals and the City Council.

(K) Revocation. In any case where a special use has not been established within one year after the date of granting thereof, then without further action by the Planning and Zoning Board of Appeals or the City Council the authorization for the special use shall be null and void.

(Prior Code, § 166.095) (Ord. 2151, passed 6-28-1971; Ord. 2482, passed 10-9-1979; Ord. 2021-043, passed 9-14-2021; Ord. 2021-062, passed 12-14-2021; Ord. 2024-037, passed 8-27-2024)

§ 165.090 FEES.

(A) Any appeal from a decision of the Building Commissioner filed by, or on behalf of any person, firm, or corporation aggrieved by such decision shall be accompanied by a fee in the amount of $25.

(B) Any application for a variation or special use permit filed by, or on behalf of the owner or owners of the property affected shall be accompanied by a fee in the amount of $50, except in the case of an application for a special use for a planned development which in such case shall be accompanied by a fee of $200. There shall be no such fee, however, in the case of an application for a variation or special use permit filed by the city or other duly constituted public body whether federal, state or local.

(C) Any application for an amendment filed by, or on behalf of any owner or owners of property located in the city shall be accompanied by a fee in the amount of $150. There shall be no such fee, however, in the case of an application for an amendment filed by the city or other duly constituted public body, whether federal, state or local.

(D) All fees payable pursuant to this section shall be paid at the time of filing of application and shall be in cash or in a check payable to the City Treasurer. All such fees collected shall be credited to the General Revenue Fund of the city.

(Prior Code, § 166.096) (Ord. 2151, passed 6-28-1971)