The administration of this title is hereby vested in:

   (A)   Zoning administrator;

   (B)   Joint planning and zoning commission; and

   (C)   City council. (Ord. 3041, 12-3-2013)

The zoning administrator shall be appointed by the mayor, by and with the consent of the council on the first Tuesday in May of each year, or as soon thereafter as may be, and shall hold his office for the term of one year, and until his successor is duly appointed and qualified.

The duties of the zoning administrator shall be to enforce this chapter and his authority shall include:

   (A)   Performing the functions of building official under the various uniform codes as the same may be from time to time adopted by the city; further, the zoning administrator shall act as the zoning enforcement officer and shall cause the various zoning laws to be faithfully enforced. As the building official and as the zoning enforcement officer, he shall act as a staff advisor to the joint planning and zoning commission. He shall give written opinions and reports when requested to do so by the chairman of the joint planning and zoning commission. He shall cause written variances to issue in conformity with the decisions of the joint planning and zoning commission for appeals.

   (B)   Determining conformance of applications for building permits with regulations of this chapter.

   (C)   Issuing all zoning certificates, following approval as required in this chapter, and making and maintaining records thereof.

   (D)   Issuing building permits.

   (E)   Issuing all certificates of occupancy, and making and maintaining records thereof.

   (F)   Issuing permits for temporary parking and use of trailers.

   (G)   Conducting inspections of uses of land and structures in accordance with due process of law to determine compliance with the terms of this chapter.

   (H)   Maintaining permanent and current records of the administration and enforcement of this chapter, including, but not limited to, applications, processing and decisions for all amendments, variations and appeals, and charting and designating each amendment and special use on the zoning district map.

   (I)   Providing and maintaining a public information bureau relative to all matters pertaining to this chapter.

   (J)   Receiving, filing and forwarding to the joint planning and zoning commission all applications for variations, appeals or other matters on which the joint planning and zoning commission is required to act under this chapter.

   (K)   Forwarding to the city clerk all applications initially filed with the building inspector for amendments and other matters under this chapter upon which the joint planning and zoning commission is required to act.

   (L)   Providing such clerical and technical assistance as may be required by the joint planning and zoning commission in the exercise of its duties.

   (M)   Attending all meetings of the joint planning and zoning commission.

   (N)   Determining the confirmation of application of building contractors, and cause the same to be faithfully enforced.

   (O)   It shall be the duty of zoning administrator to make monthly, written reports to the city treasurer and city clerk of all monies received by his office arising from any official act and to immediately pay over to the city treasurer, all monies so received by him.

He shall likewise make a monthly written report at the first meeting of the council in each month of the monies so received by him and of all his acts and doings for the preceding month.

   (P)   The office hours of the zoning administrator shall be from eight o'clock (8:00) A.M. until twelve o'clock (12:00) noon and from one o'clock (1:00) P.M. until five o'clock (5:00) P.M. from Monday through Friday. (Ord. 3041, 12-3-2013)

   (A)   Organization:

      1.   A joint planning and zoning commission is hereby created. It shall at all times be under the jurisdiction of the city council of the city of Canton.

      2.   The joint planning and zoning commission shall consist of fifteen (15) members, who shall be appointed by the mayor and confirmed by the city council, on the basis of their particular fitness and competency for their duties on said commission; members to serve respectively for: one for one year, two (2) for two (2) years, two (2) for three (3) years, two (2) for four (4) years, two (2) for five (5) years, one for six (6) years, one for seven (7) years, and one for eight (8) years; the successor for each member so appointed to serve for a term of five (5) years. In addition to the twelve (12) lay members, the mayor shall appoint three (3) members of the city council to serve concurrent with their terms of office on the council. All members of the commission shall serve without pay. A period of five (5) years' appointment and/or service terms shall be staggered in such a manner so as to provide for the appointment or reappointment of three (3) members each year after the year the commission is initially established. Vacancies on the joint planning and zoning commission shall be filled for the unexpired term of the member whose place has become vacant, by appointment by the mayor and subject to confirmation by the city council.

      3.   Any member who misses three (3) or more consecutive meetings without cause (as determined by the chairman) may be removed from his/her term.

   (B)   Powers Of The Joint Planning And Zoning Commission:

      1.   Generally: The joint planning and zoning commission shall have the general powers provided by 65 Illinois Compiled Statutes section 5/11-12-5 as said section is amended from time to time.

      2.   Plats Of Subdivision: Plats of subdivision shall be submitted to the joint planning and zoning commission for preliminary approval. The requirements and provisions set forth in 65 Illinois Compiled Statutes section 5/11-12-8, as amended from time to time shall apply to the city's review.

      3.   Hearings; Special Uses: In conformance with the requirements herein set forth the joint planning and zoning commission shall review, hold public hearings, and report to the city council its recommendations concerning special uses. Pursuant to 65 Illinois Compiled Statutes section 5/11-13-1.1 as amended from time to time, special uses shall be permitted only upon evidence that such use meets the standards set forth herein. Prior notice of public hearing shall be given pursuant to 65 Illinois Compiled Statutes sections 5/11-13-6 and 5/11-13-7 as amended from time to time.

      4.   Annexation: Requests for annexation or annexation and rezoning, as the case may be, shall be brought before the joint planning and zoning commission in the manner prescribed by 65 Illinois Compiled Statutes and local ordinances. The petition for annexation (and rezoning) shall be filed with the city clerk by the petitioner with clear and legible copies of such petition, together with all attachments and exhibits thereto appertaining, to be simultaneously delivered by the petitioner to the city engineer, city attorney, and the recording secretary of the joint planning and zoning commission. Any notice by publication required by law shall be given by the city clerk after the text and format of such notice has been approved in writing by the city attorney and the chairman of the joint planning and zoning commission. At the time the petition is filed with the city clerk, the petitioner shall also submit to the city clerk a minimum of two (2) duplicate original plats of the territory sought to be annexed (and rezoned). As a minimum, each such plat shall clearly show on its face the following:

         (a)   The existing corporation line and the proposed new corporation line.

         (b)   The dimensions of the property as described in the legal description.

         (c)   A north arrow and scale of the plat.

         (d)   The complete recital of the legal description.

         (e)   Each such plat shall be entitled as an annexation plat and shall provide a space on its face to show the ordinance number providing for such annexation and, further, shall provide a space on its face to show the date the ordinance was passed by the city council.

         (f)   Each such plat shall be certified in writing on its face as being accurate by either a registered professional engineer or a registered land surveyor; in either case, the person making such certification shall affix his seal to the face of each of the plats.

         (g)   The plat as submitted shall then be approved or disapproved by the city engineer before final action is taken by the joint planning and zoning commission.

The city engineer is authorized (but not required) to accomplish any plat required by this section. The city, in all such cases, shall charge and be paid a reasonable fee by the petitioner for the city engineer's professional services. Such fee shall be computed by application of an hourly rate determined by reference to the hourly rate customarily charged by registered professional engineers in the city for such services multiplied by the hours of time spent by the city engineer rounded to the nearest one-tenth (1/10) of an hour. The city engineer may delegate such task to any competent draftsman employed by the city and, in such case, shall determine the charge by reference to the hourly rate customarily charged by competent draftsmen in the city for such services plus ten percent (10%) multiplied by the hours of time spent by such draftsman rounded to the nearest one-tenth (1/10) of an hour; in all such cases, the draftsman shall be under the direct supervision and control of the city engineer. The charges herein provided for must be fully paid before the plat shall be approved or released by the city engineer.

      5.   Hear And Decide Appeals By Enforcing Officer: Hear and decide appeals from any order, requirement, decision or determination made by the enforcing officer.

      6.   Hear And Decide Matters By Joint Planning And Zoning Commission: Hear and decide all matters referred to it or upon which it is required to pass under this chapter. The joint planning and zoning commission may reverse or affirm, wholly or in part, or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the joint planning and zoning commission may decide to be fitting and proper in the premises, and to that end the joint planning and zoning commission shall also have all the powers of the officer from whom the appeal is taken. When a property owner shows that a strict application of the terms of this chapter relating to the use, construction or alteration of buildings or structures, or to the use of land, imposes upon him practical difficulties or particular hardship, then the joint planning and zoning commission may make such variations of the strict application of terms of this chapter as are in harmony with its general purpose and intent when the joint planning and zoning commission is satisfied, under the evidence heard before it, that a granting of such variation will not merely serve as a convenience to the applicant but is necessary to alleviate some demonstrable hardship.

However, nothing herein contained shall be construed to give or grant the joint planning and zoning commission the power or authority to alter or change the zoning ordinance or the district map; such power and authority being reserved for the city council. In order to partially defray the expenses of the public hearing involving joint planning and zoning commission matters, the applicant shall pay the sum of thirty five dollars ($35.00) to the city treasurer at the time of the filing of the appeal.

All final administrative decisions of the joint planning and zoning commission rendered under the terms of this chapter shall be subject to judicial review pursuant to the provisions of the administrative review act, approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto.

   (C)   Meetings, Notice, Records, And Reports: All meetings of the joint planning and zoning commission shall be held at the call of the chairman and at such other times as the commission may determine. All meetings of the joint planning and zoning commission shall be open to the public. The chairman, or in his absence the acting chairman, may administer oaths or compel the attendance of witnesses. No hearing shall be conducted without a quorum of the joint planning and zoning commission being present, which shall consist of eight (8) members. The concurring vote of eight (8) members shall be necessary to decide or make recommendations in favor of an appellant or applicant in any matter upon which the board is required to pass. The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact, and shall also keep records of its hearings, examinations, and other official actions. A transcript of testimony presented at all public hearings on all matters heard by the joint planning and zoning commission shall be included in the joint planning and zoning commission report. Any absent member who certifies that he has read the transcript of the proceedings before the joint planning and zoning commission may vote upon any question before the joint planning and zoning commission.

If, due to absence, a favorable recommendation or decision has not been either made by four (4) or more favorable votes or precluded by eight (8) or more unfavorable votes, additional members shall read the transcript and vote until there are eight (8) concurring votes. Findings of fact shall be made for each appeal or application for a time extension, or variation, specifying the reasons for granting or denying, or recommending the granting or denying of, such appeal or application. The terms of the relief granted or recommended shall be specifically set forth in a conclusion or statement separate from the findings of fact.

Every rule or regulation, and every order, requirement, decision or determination of the joint planning and zoning commission shall be filed promptly with the secretary of the joint planning and zoning commission and shall be a public record. The joint planning and zoning commission shall adopt its own rules of procedure not in conflict with the statutes.

Notice shall be given of the time and place of every public hearing not more than thirty (30) days nor less than fifteen (15) days before the hearing, by publishing a notice thereof at least once in one or more newspapers published in or having a general circulation within the city. At the hearing, any party may appear in person, or by agent or by attorney.

Applicants for zoning variations shall have the following rights, in addition to any others they may possess by law, at any hearing before the joint planning and zoning commission:

      1.   To have subpoenas issued for persons to appear at hearings and for examination of documents by the person requesting the subpoenas either before or at the hearing, subject to the limitations contained herein. The board shall issue subpoenas as requested by the applicants and eligible property owners.

Subpoenas shall only be enforceable against persons or for documents which have substantial evidentiary connection with:

         (a)   The subject property, and

         (b)   Facts which would support or negate the requisite legal standards for granting the application or appeal. All matters relating to subpoenas concerning a particular case, including all enforcement and motions to quash, shall be heard in a single action. Service of such subpoenas shall be made in the same manner as summons in a civil action.

      2.   To cross examine all witnesses testifying; and

      3.   To present witnesses on their behalf.

Eligible property owners, as set forth above, who wish to object shall, upon request, be granted one continuance for the purpose of presenting evidence to rebut testimony given by the applicant. The date of such continued hearings shall be within the discretion of the joint planning and zoning commission.

   (D)   Final Actions Of The Joint Planning And Zoning Commission:

      1.   Actions by the joint planning and zoning commission from rulings of enforcing officers, appeals for a time extension, and applications for variations from the provisions of this chapter, shall constitute a final action.

      2.   The findings of the joint planning and zoning commission from rulings of enforcing officers, appeals for time extensions, and applications for variations, shall be in writing and shall be arrived at in each specific case after a public hearing. A report of said findings, with the terms of relief granted specifically set forth in a conclusion or separate statement, shall be transmitted to the appellant or applicant, with copies to the city council, within a reasonable time.

      3.   A variation approved by the joint planning and zoning commission shall not be valid after a period of one year, unless during this period such variation shall be established or unless any required building, development or erection permit for an approved variation is obtained within this period, after which construction shall proceed to completion within a reasonable time. Said one year period may be extended in writing for good cause by the joint planning and zoning commission for up to an additional one year, if no other zoning changes affecting the property have been made or are formally pending before the council or said period may be extended by the joint planning and zoning commission for such time as it shall determine, for good cause shown. (Ord. 3041, 12-3-2013)

   (A)   Authority: The joint planning and zoning commission shall hear and decide appeals from an administrative order, requirement, decision or determination made by the zoning administrator.

   (B)   Initiation:

      1.   An appeal to the joint planning and zoning commission may be made by any person aggrieved or by any officer or department of the municipality. The appeal shall be taken within forty five (45) days of the action complained of, by filing with the officer from whom the appeal is taken and with the joint planning and zoning commission a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the joint planning and zoning commission all the papers constituting the record upon which the appeal action is taken.

      2.   An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the joint planning and zoning commission after the notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In this event the proceedings shall not be stayed other than by an order of the joint planning and zoning commission or a court of record on application of and on notice to the officer from whom the appeal is taken, and on due cause being shown.

   (C)   Processing:

      1.   An appeal shall be filed with the city clerk. The city clerk shall forward the appeal to the joint planning and zoning commission for processing in accordance with the Illinois statutes.

      2.   The joint planning and zoning commission shall fix a reasonable time for the hearing of the appeal and give due notice thereof to parties and shall decide the appeal within reasonable time. Upon the hearing, any party may appear in person, or by agent, or by attorney. The joint planning and zoning commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, as in its opinion ought to be made in the premises and to that end has all the powers of the official from whom the appeal is taken. (Ord. 3041, 12-3-2013)

   (A)   Authority: The joint planning and zoning commission shall rule on requested variances in the approved zoning ordinance only after proper notice and public hearing on the request. The notice of hearing shall contain the address and location of the property for which the variation is sought along with a brief discussion of the nature of the request. After appropriate requests and proper notice as shall be required by the Illinois statutes, the joint planning and zoning commission shall hold a public hearing upon all applications for variations and shall grant or deny a variation only where it shall have been made a finding of fact specifying the reason or reasons therefor. Such findings shall be based upon the standards set forth in subsection (D) of this section. No variation shall be granted by the joint planning and zoning commission without such findings of fact.

   (B)   Initiation: An application for a variation may be made by a governmental office or department, or by any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest, or any exclusive possessory interest applicable to the land or land and improvements described in the application for a variation.

   (C)   Processing: An application for a variation shall be filed with the city clerk who shall forward one copy of such application to the joint planning and zoning commission for processing and one copy to the city council for informational purposes.

   (D)   Standards:

      1.   The joint planning and zoning commission shall not recommend a variation of the provisions of this chapter as authorized in this chapter unless it shall have made findings of fact based upon the evidence presented to it on the following specific issues that:

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

         (b)   The plight of the owner is due to unique circumstances affecting the tract in question and not a problem which is personal in nature to the owner.

         (c)   The variation, if granted, will not alter the essential character of the locality.

      2.   For the purpose of supplementing the above standards, the joint planning and zoning commission, in making the determination whether there are practical difficulties, hardships, or unique circumstances, shall also take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence that:

         (a)   The particular surroundings shape, or topographical conditions of the specific property involved would bring a particular hardship upon the owner as distinguished from a mere inconvenience if the strict letter of the regulation were to be carried out.

         (b)   The condition upon which the petition for variation is based would not be applicable generally to the other property within the same zoning classification.

         (c)   The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

         (d)   The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety or substantially diminish or impair property values within the neighborhood.

         (e)   The purpose of the variation is not based exclusively upon a desire to make more money out of the property.

         (f)   The alleged difficulty or hardship has not been created by any person presently having an interest in the property.

      3.   The joint planning and zoning commission may require such conditions and restrictions upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this chapter to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this chapter.

   (E)   Unauthorized Variations: The variation procedure shall in no case be used to accomplish a result which could otherwise be achieved by a rezoning of the property involved, such as, but not limited to, establishment or expansion of a use not permitted in a residential district; authorizing the construction of residences in other than residential districts; nor authorizing other than single-family detached residences in the R-1 and R-2 districts. (Ord. 3041, 12-3-2013)

(Ord. 3041, 12-3-2013)

   (A)   Purposes: This chapter is based upon the division of the city into districts, within any one of which the use of land and buildings, and the bulk and location of buildings or structures as related to the land are essentially uniform. It is recognized, however, that there are buildings and uses which, because of their unique characteristics cannot be properly classified in any particular district without consideration, in each case, of the impact of those buildings and uses upon neighboring property or consideration of the public need for the particular buildings or uses at the proposed location. Such special uses fall into the following categories:

      1.   Buildings and uses entirely private in character but of such a nature that their construction and operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities;

      2.   Uses traditionally affected with a public interest or uses operated by a publicly regulated utility; and

      3.   Planned unit developments.

   (B)   Application: Applications for special use permits shall be filed with the zoning administrator and processed in the same manner as that required for amendments and discussed in section 10-17-8 of this chapter, and shall be of such form, accompanied by such information as shall be established from time to time by the planning commission.

   (C)   Standards: The joint planning and zoning commission shall not recommend a special use unless it is deemed necessary of the public interest or convenience at the location or, if private in character;

      1.   It is so designated, located, and proposed to be operated that the public health, safety and welfare will be protected; and

      2.   It will not cause appreciable injury to the value of other property in the neighborhood in which it is located; and

      3.   It will not subvert or defeat the primary purpose of the zoning ordinance, or of the zoning district or area for which it is proposed, when its effect is considered in conjunction with the cumulative effort of the number of various special uses of all types already located in the adjacent area and in the city as a whole; and

      4.   It is one of the special uses listed in chapters 3 through 13 of this title. In the event the special use is a planned development, the provisions of chapter 13 of this title shall also be applied.

   (D)   Conditions: The joint planning and zoning commission may recommend, and the city council may provide, such conditions and restrictions upon the construction, location, and operation, of a special use, including, but not limited to, provisions for off street parking and loading, signs, and accessory uses, as may be deemed necessary to promote the general objectives of this chapter and to minimize injury to the value of property in the neighborhood. (Ord. 3041, 12-3-2013)

   (A)   Authority: This chapter may be amended from time to time by ordinance in accordance with applicable Illinois statutes. No vote shall be taken upon the adoption of a proposed amendment by the city council until after a public hearing before the joint planning and zoning commission and a report of its findings and recommendations has been submitted to the city council.

   (B)   Initiation Of Amendment: Amendments may be proposed by the city council, joint planning and zoning commission or by the petition of any person, firm or corporation having a freehold interest, a possessory interest entitled to exclusive possession, a contractual interest which may become a freehold interest or any exclusive possessory interest which is specifically enforceable on the land which is described in the proposal for an amendment.

   (C)   Processing:

      1.   A proposal or petition for an amendment shall be filed with the city clerk and thereafter entered into the records of the first meeting thereafter of the city council.

      2.   A copy of such proposal or petition shall be forwarded by the city clerk to the joint planning and zoning commission with a request to hold a public hearing and submit to the city council a report of its findings and recommendations. Such public hearings shall be held upon notice by the joint planning and zoning commission.

   (D)   Decisions: The city council, upon request of the joint planning and zoning commission, and without further public hearing, may vote upon the adoption of any proposed amendment in accordance with applicable Illinois statutes, or may refer it back to the joint planning and zoning commission for further consideration. In case of a written protest against any proposed amendment of the regulations or districts, signed and acknowledged by the owners of twenty percent (20%) of the frontage immediately adjoining or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the clerk of the municipality, the amendment shall not be passed except by a favorable vote of two-thirds (2/3) of the aldermen or trustees of the municipality then holding office.

   (E)   Zoning Map: No change shall be made in this zoning ordinance nor shall any zoning variation be granted within six (6) months after the date upon which the official zoning map is adopted by the city council, unless such change in the zoning ordinance or such variation is approved by a two-thirds (2/3) vote of the corporate authorities. (Ord. 3041, 12-3-2013)

   (A)   Permits Required: It shall be unlawful for any person to commence excavation or construction of any building structure or accessory structure or moving of an existing building without first obtaining a zoning compliance certificate and building permit from the zoning administrator. No zoning compliance certificate and building certificate shall be issued for the construction, alteration, or remodeling of any building or structure until an application has been submitted in accordance with the provisions of this chapter and the building code. All applications for zoning compliance certificates must include the following exhibits:

      1.   The actual shape, location and dimensions of the lot.

      2.   Dimensional drawings indicating the shape, size, and location of all buildings or other structures to be erected, altered, or moved, and of any buildings or other structures already on the lot.

      3.   The existing and intended use of the lot and of all such structures upon it, including, in the residential area, the number of dwelling units the building is intended to accommodate.

      4.   Such other information concerning the lot or adjoining lots as may be essential for determining whether the provisions of this chapter will be observed.

      5.   The legal description of the property, the name and address of the owner, the applicant and the contractors.

If the proposed excavation, construction, alteration or moving, or use of land, as set forth in the application are in conformity with the provisions of this chapter, the zoning administrator shall issue a zoning compliance certificate. If any application for such certificate is not approved, the zoning administrator shall state in writing on the application, the cause for such disapproval. Issuance of a permit shall in no case be construed as waiving any provisions of this chapter. Any certificate issued in conflict with the provisions of this chapter shall be considered void.

Under no circumstances is the zoning administrator permitted to make changes in this chapter, nor to vary the terms of this chapter in carrying out his duties as zoning administrator.

"Alteration" or "remodeling" of an existing building or structure shall include any changes in structural members, stairways, basic construction, type, kind or class of occupancy, light or ventilation, means of egress and ingress or any other changes affecting or regulated by the building code or this chapter, except for minor repairs or changes not involving any of the aforesaid provisions.

Each certificate shall be posted in plain sight on the premises for which it is issued until completion of construction or occupancy.

The particular requirements for obtaining the necessary building permit are established by the building code as adopted from time to time by the city council. Such building permit is to be obtained in addition to the aforementioned zoning compliance certificate.

   (B)   Permits For New Use Of Land: A zoning compliance certificate shall also be obtained for the new use of land, whether presently vacant or a change in land use classification is proposed.

   (C)   Permits For New Use Of Buildings Or Structures: A zoning compliance certificate shall also be obtained for any change in use of an existing building or structure to a different class or type.

   (D)   Records Of Certificates: A record of all zoning compliance certificates shall be kept in the office of the zoning administrator, and copies of such zoning compliance certificates shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved. (Ord. 567, 11-1976)

It shall be unlawful to use or permit the use of any land, or structure for which a compliance certificate or building permit is required, and to use or permit to be used any building or structure hereafter altered, extended, erected, repaired, or moved, until the zoning administrator shall have issued a certificate of occupancy stating that the proposed development complies with the provisions of this chapter.

   (A)   Certificate Of Occupancy: The certificate of occupancy as required for new construction or renovations to existing buildings and structures by this chapter shall also constitute certificates of occupancy as required by the building code. All certificates of occupancy shall be applied for coinciding with the application for a building permit.

   (B)   Certificates For Existing Buildings: Certificates of occupancy shall be issued for existing buildings, structures, or parts thereof, or existing uses of land if after inspection it is found that such buildings, structures, or parts thereof, or such uses of land, comply with the provisions of this chapter.

   (C)   Temporary Certificates: Temporary certificates of occupancy may be issued for a part of a building or structure prior to the occupation of the entire building or structure, provided that such temporary certificate of occupancy shall not remain in force more than six (6) months from date of issuance, nor more than fifteen (15) days after the building or structure is fully completed and ready for occupancy and, provided further, that such portions of the building or structure are in conformity with the provisions of this chapter.

   (D)   Certificates Of Occupancy Applications: Certificates of occupancy for the use of vacant land shall be applied for before any such land shall be occupied or used.

   (E)   Records Of Certificates: A record of all certificates of occupancy shall be kept in the office of the zoning administrator, and copies of such certificates of occupancy shall be furnished upon request to a person or persons having a proprietary or tenancy interest in the property involved.

   (F)   Certificates For Accessory Buildings To Dwellings: Accessory buildings or structures to dwelling shall not require a separate certificate of occupancy, but rather may be included in the certificate of occupancy for the principal dwelling, building, or structure on the same lot when such accessory buildings or structures are completed at the same time as the principal use.

   (G)   Application For Certificates: Certificates of occupancy shall be applied for in writing to the zoning administrator on forms provided by the zoning administrator, and shall be issued within ten (10) days after the receipt of such application, if it is found that the building or structure or part thereof, or the use of land complies with the provisions of this chapter. If such certificate is refused for cause, the applicant therefor shall be notified of such refusal and the cause thereof within the aforesaid ten (10) day period. (Ord. 567, 11-1976)

The recipient of any zoning compliance certificate or building permit for the construction, erection, alteration, repair or moving of any building, structure or part thereof, shall notify the zoning administrator immediately upon the completion of the work authorized by such permit for a final inspection. (Ord. 567, 11-1976)

To defray the expenses for inspection of plans or property, fees for inspection and the issuance of certificates or permits or copies thereof required or issued under the provisions of this chapter shall be collected by the zoning administrator at the time of application.

The amount of such fees shall be established from time to time by the city council and shall cover the cost of inspection and supervision resulting from the enforcement of this chapter. (Ord. 567, 11-1976)

   (A)   The city hereby initiates and designates, subject to the approval of the department of commerce and community affairs, and supports, the intent of the county to initiate and designate as an enterprise zone, the area described in appendix A of ordinance 959. The city finds that the designated enterprise zone area is a contiguous area, comprises not less than one-half (1/2) square mile and not more than ten (10) square miles in total area, exclusive of lakes and waterways, is a depressed area, satisfies any additional criteria established by regulation of the department of commerce and community affairs, and is entirely located within the county and partially located within the city as is reasonably necessary for the establishment of such zone, thereby in all respects meeting the qualifications of section 4 of the Illinois enterprise zone act 1 . (Ord. 959, 12-27-1982; amd. Ord. 1156, 8-5-1987; Ord. 1209, 9-6-1988; Ord. 1812, 9-7-2004)

   (B)   The city hereby provides for those tax incentives or reimbursement for taxes set forth in appendix C, amended tax incentives, of ordinance 989. (Ord. 989, 9-6-1983)

   (C)   The enterprise zone shall be in effect for twenty (20) calendar years and shall terminate at twelve o'clock (12:00) midnight on December 31 of the final calendar year unless altered by proper legal procedure set forth in the act.

   (D)   The city will serve as the lead agency in the application process and will be responsible for the overall administration of the enterprise zone program. The mayor of the city shall serve as the zone administrator.

   (E)   There shall be created an enterprise zone advisory committee whose function it shall be to recommend guidelines and criteria for the administration of the zone program, to oversee the administration of the program and to serve the zone administrator in an advisory capacity. The enterprise zone committee shall consist of the individuals holding the offices or positions set forth in appendix B of ordinance 959.

   (F)   The city may designate one or more organizations provided for in the enterprise zone act as designated zone organizations. Both the county and city may, by ordinance, delegate functions within the enterprise zone to the designated zone organizations, if any.

   (G)   The mayor of the city shall execute such documents as may be necessary for making the required application and said mayor shall be authorized to provide such additional information as may be required by the department of commerce and community affairs. (Ord. 959, 12-27-1982)

   (A)   Upon the filing of a petition for zoning change or relief under the ordinances of the city of Canton, the city building officer will cause to be posted on the property visible to those passing by, a notice stating that a change is being sought, the time and place of the hearing on the petition and that the petition may be viewed at the office of the city clerk.

   (B)   Said notice shall be at least eighteen inches by twenty four inches (18" x 24") and shall be posted not less than ten (10) days prior to the hearing on the front line of the property nearest to the sidewalk or terrace as the case may be so that it faces the street. (Ord. 1857, 2-21-2006)

   (A)   Purpose: Short-term rentals, as that term is defined herein, are relatively new and part of a developing market, which is ever evolving and marketed predominantly through e-commerce. Such short-term rentals offer economic advantages and benefits to the City and to property owners in the City who seek to operate such short-term rentals. In order to fulfil said benefit and alleviate any potential adverse impacts in the City, the City has determined that it is reasonable and necessary to regulate short-term rentals in the interest of public health, safety, and the welfare of the City's residents.

   (B)   Definitions: As used in this Section, unless a different meaning clearly appears from the context, the following terms shall have the meanings ascribed as follows:

 

 

   (C)   Conditional Use Permit Required.

      1.   No person, partnership, corporation, or association, either as owner or operator, or in any other capacity, shall operate or allow to be operated a short-term rental without having first obtained a conditional use permit to do so for each location. If a location has more than one (1) unit at that location (e.g. more than one apartment or condominium), then only one conditional permit for that location is required. The use of any property as a short-term rental without a conditional use permit is expressly prohibited.

      2.   Conditional use permits shall be issued for a period of one (1) year from the date of issuance, unless revoked sooner. The permit is non-transferable and non-assignable.

      3.   No conditional use permit shall be issued or renewed annually for a short-term rental that is delinquent in its payment of the hotel/motel tax due to the State of Illinois or the City as provided for in Title 3, Chapter 23, "Hotel/Motel Tax," of the Canton Municipal Code.

      4.   If a conditional use permit was issued for the prior year, the approval for a renewed permit shall be obtained from the Director of Commercial Planning & Zoning, or his/her designee, provided that the previously issued permit was not revoked or suspended and the rental is current on the hotel/motel tax and all necessary fees. Every renewal application shall satisfy all requirements set forth in this Section 10-17-15.

      5.   No conditional use permit shall be initially issued unless a public hearing is held, the Application is reviewed by the Joint Planning and Zoning Commission for its findings and recommendations, and it is then authorized by the City Council.

      6.   The City requires a nonrefundable one-hundred-dollar ($100.00) processing fee to be paid at the time of application for the conditional use permit. Said processing fee will also apply to all renewal applications.

   (D)   Districts Short-Term Rentals Are Permitted: The operation of a short-term rental in the City is permitted in any and all Districts that allow one-family residential dwellings, two-family residential dwellings, multiple dwellings, bed and breakfasts, hotels, and/or motor hotels.

   (E)   Application: Applications for short-term rental conditional use permits shall be filed with the City Clerk and Planning and Zoning Department and processed in the same manner as that is required for special uses as set forth in Sections 10-17-7(B) of this Chapter. Said applications shall be of such form, accompanied by such information, as shall be established from time to time by the Joint Planning and Zoning Commission. An initial form of the application may be prepared by the City Attorney until same is amended by the Joint Planning and Zoning Commission.

   (F)   Standards: The Joint Planning and Zoning Commission shall not recommend a short-term rental conditional use permit to the City Council for approval unless the following requirements have been met:

      1.   The owner and/or operator has obtained a necessary special use permit, if the property where the short-term rental is proposed to be operated at would fall within a "Special Use Exception" within such particular District;

      2.   The short-term rental will be operated in a manner so that the public health, safety and welfare will be protected;

      3.   The short-term rental shall not cause appreciable injury to the value of other property in the neighborhood in which it is located;

      4.   The short-term rental complies with all building standards applicable to a "dwelling," as that term is defined, in the Building Codes set forth in Section 4-1-1 of the Canton Municipal Code;

      5.   The short-term rental complies with all applicable state and local fire standards;

      6.   The short-term rental has been inspected by the Director of Commercial Zoning and Planning or his/her designee;

      7.   The operator of the short-term rental provides the City with an insurance certificate indicating that the Owner, Operator, and the property are covered by commercial liability insurance with limits of not less than one million dollars ($1,000,000.00) per occurrence, for bodily injury and property damage arising from and after the issuance of the conditional use permit;

         a.   The insurance policy shall be issued by an insurer duly authorized to provide insurance policies within the State of Illinois. Furthermore, any such insurance policy must include a provision requiring at least thirty (30) day advance notice to the City prior to a cancellation or lapse of the policy. Any such policy shall remain in full force and effect for the duration of the conditional use.

      8.   The short-term rental complies with all hotel/motel tax requirements, including but not limited to all reporting requirements, of the Illinois Department of Revenue and the City for the operation of a short-term rental; and

      9.   The short-term rental complies with all other requirements of the City Municipal Code and applicable State and Federal laws and regulations.

Upon recommendation by the Joint Planning and Zoning Commission, the City Council may refer the application back to the Commission for additional review, or, by motion, may approve, approve with conditions, or disapprove, an application for a conditional use permit utilizing the same standards set forth above.

Regardless of the Joint Planning and Zoning Commission's findings on any or all of the foregoing standards, the City Council may deny a conditional use permit upon an express finding that such denial is in the public interest.

An operator that is granted a conditional use permit under this Section shall continue to comply with all of the above standards, as well as any other requirements set forth in this Section or the Canton Municipal Code, throughout the term of any permit granted hereunder.

   (G)   Posting of Conditional Use Permit: Every operator shall post, in a conspicuous place within the short-term rental, the conditional use permit along with the name and telephone number of the operator or his/her/its authorized agent.

   (H)   Applicability of Hotel/Motel Tax: All short-term rentals are subject to the Hotel/Motel Tax as set forth in in Title 3, Chapter 23, "Hotel/Motel Tax," of the Canton Municipal Code. All short-term rentals are required comply with the same requirements set forth in said Title 3, Chapter 23 as "hotels," including the Collection and Payment of Tax set forth in Section 3-23-5 of the Canton Municipal Code and are further subject to all penalties set forth in such Title 3, Chapter 23 of the Canton Municipal Code for failure to comply with those requirements.

   (I)   Inspections: The City reserves the right to inspect any short-term rentals or request documentation from an owner or operator of a short-term rental for purposes of determining compliance or continued with any of the standards or requirements of this Section or the Canton Municipal Code.

   (J)    Minimum/Maximum Stay:

      1.   No guest may stay in an authorized short-term rental for less than twenty-four (24) hours.

      2.   No guest may stay in an authorized short-term rental for more than twenty-nine (29) consecutive days.

   (K)   Penalty; Violations; Revocation or Suspension of Conditional Use Permit:

      1.   Violations of this Section shall be governed by Title 1, Chapter 27, "General Penalty," of the Canton Municipal Code and the fee schedule that is adopted by the City Council from time to time, if applicable.

      2.   Any conditional use permit may be revoked or suspended by the Mayor if the Mayor finds:

         a.   That the operator has violated and/or fails to comply with any of the provisions of this Section regulating short-term rentals;

         b.   The operator knowingly furnished false or misleading information or withheld relevant information on any application for a permit required by this Section or knowingly caused or suffered another to furnish or withhold such information on his, her, or its behalf;

         c.   The operator fails to pay any applicable State or City tax or fee; or

         d.   The owner, operator, or their guests, violate any local, state or federal law relating to the property and/or the occupation and/or operation thereof. Any illegal conduct being conducted on the premises may be considered grounds for suspension or revocation of a conditional use permit granted hereunder.

The Mayor, or his or her authorized designees, before revoking or suspending any permit for a period of more than fourteen (14) days, shall give the operator at least ten (10) days' written notice of the charges against him, her, or it and the opportunity for a public hearing before the Joint Planning and Zoning Commission and the Mayor, at which time the operator may present evidence bearing upon the question. In such cases, the charges shall be specific and in writing. The Joint Planning and Zoning Commission shall make a recommendation to the Mayor regarding the revocation and/or suspension; however, the Mayor is not bound to accept such recommendation in his final determination.

      3.   In addition to the foregoing provisions, the proper authorities of the City may institute any appropriate action or proceedings, including the obtaining of an injunction to prevent a violation of this section. The defendant in any such action shall be responsible for the reasonable costs of such action, which shall include, but not limited to, the City's court costs and attorney fees. Such sums shall be made a part of any judgment entered and shall be enforceable as part of the final judgment. (Ord. 4288, 4-19-2022)