To accomplish the purpose and intent of this Ordinance, the administration of the provisions established herein is hereby vested in the corporate authorities; the city council, the planning commission; the zoning board of appeals; and/or specified city departments, including, but not limited to, the planning department and the City of Chicago Heights Code Enforcement Division.

13-1.1.

Corporate authorities.

(a)

As defined in chapter 2, Definitions, of this Ordinance, the corporate authorities shall consist of the duly elected mayor and the members of the city council of the City of Chicago Heights, Illinois.

(b)

The corporate authorities shall hear and decide on all decisions made by the planning commission or zoning board of appeals, where applicable, concerning the provisions of this Ordinance.

(c)

In those cases where a decision is rendered by the corporate authorities, regarding the implementation of the provisions of this Ordinance, said decision shall be final, subject to appeal as prescribed by the Administrative Review Act, of the Illinois Revised Statutes, as amended.

13-2.1.

Continuity. The zoning board of appeals in existence at the time of the passage of this Ordinance shall be recognized as the zoning board of appeals established under the provisions of this Ordinance, and the members previously appointed under the old ordinance shall be recognized as members thereof, and shall serve for such period of time as designated at the time of appointment, the length of time to run from the date of the original appointment.

13-2.2.

Composition. The City Plan Commission and Zoning Board of Appeals are hereby consolidated and shall be comprised of eleven (11) members collectively serving as a member of what shall hereinafter be known as the City of Chicago Heights Joint Zoning Board of Appeals & Plan Commission and said Joint Board shall assume the duties previously assigned to the Plan Commission and Zoning Board of Appeals separately.

The physical presence of six members of the Joint Board shall constitute a quorum.

The members of the Joint Board shall be appointed by the Mayor and serve at the Mayor's pleasure as will the Chairman of the Joint Board subject to city council approval.

13-2.3.

Qualifications.

(a)

The zoning board of appeals shall consist of seven voting members, appointed by the mayor.

(b)

The following elected and/or appointed officials shall serve as ex officio nonvoting members of the zoning board of appeals: the mayor, director of the planning department, the enforcement division, city attorney, city engineer, and/or departmental staff, as required.

(c)

All voting members of the zoning board of appeals shall be residents of the City of Chicago Heights, and shall be appointed on the basis of professional expertise or demonstrated experience and/or interest in related fields. Said fields shall include, but not be limited to, architecture, building construction, conservation, education, engineering, historic preservation, finance, law, urban planning, real estate, and/or neighborhood organizations.

(d)

Any member having a pecuniary or personal interest in any application and/or appeal scheduled to be heard by the zoning board of appeals shall disclose such interest, with said disclosure being made a matter of public record. Without exception, any member having said interest shall not be a party to any of the following actions or activities regarding said application and/or appeal:

(1)

Present, and/or speak in his/her capacity as a member of the zoning board of appeals;

(2)

Exert personal influence on fellow members or elected and/or appointed officials; or,

(3)

Vote on the board's final decision relating to said application or appeal.

(e)

Subject to confirmation by the city council, the mayor may, at his/her discretion, remove any member for incompetence, neglect of duty, or malfeasance in office, or upon failing to attend at least ⅔ of all regularly scheduled meetings held in a single calendar year. The mayor shall, within ten days of said removal, report the cause of said removal, in writing, to the city council.

13-2.4.

Meetings.

(a)

All meetings of the zoning board of appeals shall be scheduled on a monthly basis, shall be open to the public and shall be held in accordance with the provisions of the State of Illinois' Open Meetings Act.

(b)

All decisions and/or recommendations made by the zoning board of appeals shall require a majority vote of those members present and eligible to vote on any such issue, with a minimum of four members voting.

(c)

The chair, the city planner, the vice-chair, and/or the secretary shall have the power to cancel or postpone a scheduled meeting, or call additional meetings as necessary, for cause, without further public notice.

(d)

The zoning board of appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions. Findings of fact shall be included in the minutes of each case and the reasons for granting or denying each application shall be specified. Every rule, regulation and every order, requirement, decision or determination of the zoning board of appeals shall immediately be filed in the office of the secretary and shall be public record.

(e)

The chair shall preside over meetings, following commonly accepted parliamentary procedure, ensuring public discussion of issues before the zoning board of appeals. In the absence of the chair, the vice-chair shall perform the duties of the chair. In the absence of both the chair and the vice-chair, the members shall elect a temporary chair through a simple majority vote of the quorum present.

(f)

The chair shall have the power to administer oaths, and shall retain the right to call for a vote on all matters where a vote is taken. The chair and/or members of the zoning board of appeals, by majority vote of those members present and eligible to vote, shall have the power to subpoena and compel the attendance and testimony of witnesses, and to require the submission of any and all documents deemed necessary and appropriate to the rendering of an informed decision on matters pending before them.

13-2.5.

Powers and responsibilities.

(a)

Subject to, and in accordance with the laws of the State of Illinois, the Zoning Board of Appeals of the City of Chicago Heights is hereby established to serve as an advisory and review authority for all variances pertaining to lots of record within the corporate limits and/or extraterritorial jurisdiction of the City of Chicago Heights, and zoning ordinance text and map amendments.

(b)

The members of the zoning board of appeals shall possess the following powers and/or duties:

(1)

To hear and decide appeals from any order, requirement, decision or determination made by the zoning officer under this Ordinance;

(2)

To hear and pass upon applications for variations from the terms provided in this Zoning Ordinance in the manner prescribed by, and subject to, the standards established herein;

(3)

To hear and decide all matters referred to it or upon which it is required to pass under this Zoning Ordinance as prescribed by statute.

(Ord. No. 04-26, § VIII(12-4.1), 5-3-04; Ord. No. 2024-7, § 3, 5-15-24)

13-3.1.

General provisions. Utilizing the procedures established by this section, the owners of record of a zoning lot may file an application for a variance, as defined in chapter 2, Definitions, of this Ordinance, seeking relief from specific provisions herein, which may be perceived as a source of undue physical and/or financial hardship to said owners.

13-3.2.

Classification. To assure prompt, orderly and efficient consideration of all applications for variances under the provisions of this Ordinance, said applications shall be separated and classified as either a minor or a major variance, as defined in chapter 2, Definitions, of this Ordinance and/or based upon the degree of noncompliance said variance will produce in relation to the amount required for full compliance with the applicable provisions of this Ordinance.

13-3.3.

Standards for major and minor variances. The zoning board of appeals shall not vary the regulations of this Ordinance, unless it shall make findings based upon the evidence presented to it in each specific case that the standards for hardships set forth in the Illinois Municipal Code are complied with and the following:

(a)

Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;

(b)

The conditions upon which the petition for a variation is based are unique to the property for which the variance is sought and are not applicable, generally to other property within the same zoning classification;

(c)

The alleged difficulty or hardship is caused by the Ordinance and has not been created by any person presently having an interest in the property;

(d)

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; and

(e)

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

13-3.4.

Standards for major variances. Major variances from the regulations of this Ordinance shall be granted by the zoning board of appeals only in accordance with the standards established in subsection 13-4.3 herein, and may be granted only in the following instances and in no others:

(a)

To permit any yard or setback more than 25 percent;

(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;

(c)

To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided the substantial use of such facility by each use 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 more than one parking space or loading space, or 25 percent of the applicable regulations, whichever number is greater;

(e)

To increase by more than 25 percent the maximum distance that required parking spaces are permitted to be located from the use served;

(f)

To increase by more than 25 percent the gross area of any sign;

(g)

To increase by not more than 25 percent the maximum gross floor area of any use so limited by the applicable regulations;

(h)

To exceed any of the authorized variations allowed under this section, when a lot of record or a zoning lot, vacant or legally used on the effective date of this Ordinance, is by reason of the exercise of the right of eminent domain by any authorized governmental body or by reason of a conveyance under threat of an eminent domain proceeding reduced in size so that the remainder of said lot of record or zoning lot or structure on said lot does not conform with one or more of the regulations of the district in which said lot of record or zoning lot or structure is located.

Editor's note— Section 5 of Ord. No. 04-67, adopted Oct. 18, 2004, deleted section 13-3 in its entirety and renumbered sections 13-4—13-15 as sections 13-4—13-14. Former section 13-3 pertained to the planning commission and derived from Ord. No. 98-35, adopted Dec. 21, 1998.

Applications seeking relief from specific provisions of this Ordinance, which will produce an increase or decrease in the degree of compliance of lots, buildings and/or structures, by not more than 25 percent of the amount required for full compliance, shall be classified as a minor variance, as defined in chapter 2, Definitions, of this Ordinance.

13-4.1.

Procedures for minor variance. Subject to the provisions of this chapter, the city planner shall review all applications seeking a minor variance, and shall conduct said review in accordance with the following:

(a)

Review all information and evidence;

(b)

Conduct an administrative review;

(c)

Prepare findings; and

(d)

Render a final administrative decision.

13-4.2.

Forms and assistance for minor variance.

(a)

The applicant shall obtain the appropriate forms from the planning department, which shall provide the applicant with all possible assistance and information necessary to assure a thorough and impartial review.

(b)

The applicant shall be responsible for providing all information specified on the application forms. Said information shall include, but not be limited to, the following:

(1)

Ownership and/or operating interest. Said application shall provide the name, address and telephone number of the applicant, owners of record, and/or developer.

(2)

Said application shall provide the following means of accurately identifying the subject property: a common street address; tax parcel identification number; and a base map showing the location of the subject property with reference to abutting zoning lots, public rights-of-way, designated historic landmarks and/or districts, and the corporate limits of applicable jurisdictions.

(3)

List of existing uses and improvements. Said application shall provide a list of all principal and/or accessory uses, currently existing on the subject property.

(4)

Descriptive narrative. Said application shall provide a brief narrative describing the changes in the operation of existing uses and/or the nature of improvements proposed for said zoning lot.

(c)

A fully completed application with required documentation and/or attachments and the required fee, shall be filed with the planning department in accordance with the provisions of this chapter. Said application and materials shall be a matter of public record, and be made available for public inspection upon written request.

(d)

Upon receipt of a completed application, the city planner shall review said application within ten days of the filing date.

13-4.3.

Decisions—Minor variance.

(a)

The city planner shall render a final administrative decision within ten days of the conclusion of said administrative review.

(b)

Subject to appeal, the city planner shall forward a written report to the applicant summarizing the final administrative decision.

(c)

The final administrative decision granting a minor variance, shall be valid for one year from the effective date of said decision, until and unless, a building permit, or any other permit required for the action or use for which said minor variance was requested, has been obtained and the actual construction, or alteration of a building and/or structure, or the land improvement contemplated in connection with said application, has been actively commenced within said time.

(d)

The City of Chicago Heights Code Enforcement Division shall not issue any permits in conjunction with said decision, for a period of seven days following the effective date of said decision, in order to provide an adequate amount of time for a notice of appeal to be filed by a party aggrieved by said decision.

(e)

No application for a minor variance which has been denied by the city planner shall be reconsidered within a period of one year from the effective date of said decision.

13-4.4.

Automobile sales and repair related businesses—Special use permit required.

1.

Any business requiring the issuance of a business license pursuant to the mandates of Chapter 7 of the City of Chicago Heights Code of Ordinances shall require the issuance of a "Special Use Permit" by the City's Zoning Administrator subject to the following special conditions in addition to those conditions already set forth in Chapter 13-4:

a.

Applicant's business location shall only be authorized in a district zoned for "Business or Manufacturing" purposes.

b.

Applicant has clearly established that the proposed business is consistent with the current nature of the surrounding businesses and neighborhood and will not adversely affect the appearance, operation, peace and right to the quiet enjoyment of the area by current occupants.

c.

Applicant has clearly established that the proposed area is not within 250′ of a residential zoned area or otherwise provided, in the sole discretion of the Zoning Administrator/City Engineer that said business will not adversely impact upon said residential neighborhood.

d.

For Automobile sales, Applicant has established that the exterior display area lot size is adequate for the number of vehicles to be displayed, to wit: a minimum of 250′ square feet of lot is to be provided for each vehicle to be displayed, exclusive of space for customer parking.

e.

Applicant has established that the business area will be property maintained and that no mechanical services will be conducted on vehicles on the exterior area of said business, and that dismantled, crashed, unlicensed vehicles, or vehicles awaiting repair will not be left unmaintained and/or unsightly and visible to public view.

2.

Special Use Permit applications for all businesses requiring a City business license under Chapter 7 of the City Code of Ordinances shall be initially reviewed and approved or denied by the City Engineer/Director of Zoning and Planning in the same manner as a "minor variance" as provided for in Chapter 13-4 and subject to the conditions set forth in paragraphs 1.a. through e., above. In the event of a denial by the City Engineer/Director of Planning, applicant may appeal said denial by submitting said Special Use Permit application and all required fees to the City Engineer/Director of Planning with a written request for appeal of said denial to the City of Chicago Heights Plan Commission. Appeals shall be heard by the Plan Commission as a Major Variance.

3.

Businesses licensed under Chapter 7 of the City Code of Ordinances as of the date of the adoption of this Ordinance are hereby "Grandfathered" and may legally continue to operate as a Permitted Use and absent a special use permit.

4.

In the event of a conflict between the provisions of Chapter 13-4.4 and any other provision of the City's Zoning Ordinance, the language of Chapter 13-4.4 shall govern.

13-4.5.

Drive-up/service windows—Special use permit required.

1.

Any commercial structure for which a "drive-up/service window" is proposed in a business or manufacturing district as classified hereunder, shall require the issuance of a "Special Use Permit" by the City's Zoning Administrator subject to the following special conditions in addition to those conditions already set forth in Chapter 13-4:

a.

Applicant's proposed location shall only be authorized in a district zoned as a "Business or Manufacturing District"; and

b.

Applicant has clearly established that the proposed business is consistent with the current nature of the surrounding businesses and neighborhood and will not adversely affect the appearance, operation, peace and right to the quiet enjoyment of the area by current occupants; and

c.

Applicant has clearly established that the proposed areas is not within 250′ of a residential zoned area or otherwise proved, in the sole discretion of the Zoning Administrator (a/k/a City Engineer/Director of Planning & Zoning), that said business will not adversely impact upon said residential neighborhood; and

d.

Applicant has established that there exists a service driveway width of no less than 18′ for the entire width of the drive, and

e.

Applicant has established, in the sole discretion of the Zoning Administrator, that the business and drive area will be properly maintained and nuisance conditions such as noise, odor, increased traffic volume, debris or garbage containers that become unsightly and visible to public view will not exist.

2.

Special Use Permit applications for all businesses proposing to install a "drive-up/service window" shall be initially reviewed and approved or denied by the City Zoning Administrator in the same manner as a "minor variance" as provided for in Chapter 13-4 and subject to the conditions set forth in paragraphs 1.a. through e. above. In the event of a denial by the Zoning Administrator applicant may appeal said denial by submitting said Special Use Permit application and all required fees to the Zoning Administrator with a written request for appeal of said denial to the City of Chicago Heights Plan Commission. Appeals shall be heard by the Plan Commission as is a Major Variance.

3.

Licensed businesses containing an operational "drive-up/service window" as of the date of the adoption of this Ordinance [2018-4] are hereby "Grandfathered" and may legally continue to operate absent a special use permit.

4.

In the event of a conflict between the provisions of Chapter 13-4.5 and any other provision of the City's Zoning Ordinance, the language of Chapter 13-4.5 shall govern.

13-4.6.

Retail Tobacco Sales—Special Use Permit required.

1.

Any commercial business location for which an application to sell "tobacco" at retail is submitted in a business or manufacturing district as classified hereunder, shall require the issuance of a "Special Use Permit" by the City's Zoning Administrator subject to the following special conditions in addition to those conditions already set forth in Chapter 13-4:

a.

Applicant's proposed location shall only be authorized in a district zoned as a "Business or Manufacturing District"; and

b.

Applicant has clearly established that the proposed business is consistent with the current nature of the surrounding businesses and neighborhood and will not adversely affect the appearance, operation, peace and right to the quiet enjoyment of the area by current occupants; and

c.

Applicant has established that the proposed area is not within 100′ of a school, church, public park, or other facility the principal users of which are under the age of 21; and

d.

Applicant has established that there is not another business engaged in the retail sales of tobacco within 250′ of the proposed location.

2.

Special Use Permit applications for all businesses proposing to sell tobacco at retail shall be initially reviewed and approved or denied by the City Zoning Administrator in the same manner as a "minor variance" as provided for in Chapter 13-4 and subject to the conditions set forth in paragraphs 1.a. through d. above. In the event of a denial by the Zoning Administrator applicant may appeal said denial by submitting said Special Use Permit application and all required fees to the Zoning Administrator with a written request for appeal of said denial to the City of Chicago Heights Plan Commission. Appeals shall be heard by the Plan Commission as is a Major Variance.

3.

Businesses licensed to sell tobacco at retail by the City as of the date of the adoption of this Ordinance [2018-7] are hereby "Grandfathered" and may legally continue to operate absent a special use permit.

4.

In the event of a conflict between the provisions of Chapter 13-4.6 and any other provision of the City's Zoning Ordinance, the language of Chapter 13-4.6 shall govern.

(Ord. No. 04-67, § 5, 10-18-04; Ord. No. 2016-3, § 2, 2-16-16; Ord. No. 2018-4, § 2, 2-5-18; Ord. No. 2018-7, § 2, 3-21-18)

Editor's note— See editor's note at section 13-3.

All applications seeking relief from specific provisions of this Ordinance, which are not classified as a minor variance, shall be classified as a major variance, as defined in chapter 2, Definitions, of this Ordinance.

13-5.1.

Procedure.

(a)

Subject to the provisions of this chapter, the zoning board of appeals shall review all applications seeking a major variance. The zoning board of appeals shall review said applications in accordance with the following: review all information and evidence; verify public notification; conduct public hearings; prepare findings and recommendations; and, render a final administrative decision.

(b)

Should the zoning board of appeals deem it necessary and appropriate to deny said application, the applicant shall have the right to appeal said decision to the corporate authorities, utilizing the provisions specified by this chapter.

13-5.2.

Forms and assistance.

(a)

The applicant shall obtain the appropriate forms from the planning department which shall provide the applicant with all possible assistance and information, necessary to assure a thorough and impartial review.

(b)

The applicant shall be responsible for providing all information specified on the application forms. Said information shall include, but not be limited to, the following:

(1)

Ownership and/or operating interest. Said application shall provide the name, address and telephone number of the applicant, owners of record, and/or developer.

(2)

Affected parties. Said application shall provide the parcel identification (PIN) number for all abutting zoning lots along with the names and addresses of the owners of record for said abutting zoning lots.

(3)

Identification of the subject property. Said application shall provide the following means of accurately identifying the subject property: a common street address; tax parcel identification number; and a base map showing the location of the subject property, with reference to abutting zoning lots, public rights-of-way, designated historic landmarks and/or districts, and the corporate limits of applicable jurisdictions.

(4)

List of existing uses and improvements. Said application shall provide a list of all principal and/or accessory uses, currently existing on the subject property.

(5)

Descriptive narrative. Said application shall provide a brief narrative describing the changes in the operation of existing uses and/or the nature of improvements proposed for said zoning lot.

(c)

A fully completed application with required documentation and/or attachments and the required fee, shall be filed with the planning department in accordance with the provisions of this chapter. Said application and materials shall be a matter of public record, and be made available for public inspection upon written request.

(d)

Upon receipt of a completed application, the city planner shall assign a case number and forward copies of the application and all related materials to the zoning board of appeals not less than seven days prior to the scheduled hearing date. Applications shall be assigned for a public hearing in the order in which they are received.

13-5.3.

Public hearings.

(a)

Subject to the provisions of this Ordinance, the zoning board of appeals shall convene a public hearing on applications for a major variance at the next regularly scheduled hearing date.

(b)

All public hearings convened under the provisions of this Ordinance shall be open to the public, and conducted in an impartial and orderly manner, consistent with the applicable provisions of the State of Illinois' Open Meetings Act, as amended. The zoning board of appeals shall regulate the conduct of said hearings, ruling on the validity and accuracy of applications, procedural matters, modifications, and/or objections presented during said hearings.

(c)

Persons wishing to testify during a public hearing, shall do so as witnesses, under oath, with said oath being administered by the chair of the zoning board of appeals.

(d)

The zoning board of appeals may continue a public hearing, without the additional placement of published and/or posted public notice, should said continuance be deemed necessary and appropriate. The time and place of said continuance shall be determined by the zoning board of appeals, after consultation with the petitioner and all affected parties, and shall be announced for the public record, prior to the adjournment of said public hearing.

13-5.4.

Public notification.

(a)

The purpose of public notification is to assure the owners of record of affected properties, and/or affected citizens, of having an opportunity to present their perspectives on specific land use issues relating to the granting of a major variance, before a final administrative decision is reached by the zoning board of appeals.

(b)

The provisions for public notification specified in this section shall be fully completed not less than ten days, and not more than 20 days prior to the scheduled public hearing. Said provisions shall apply for all applications for a major variance under the provisions of this chapter.

(1)

Published legal notice. The applicant shall furnish and publish a legal notice in a newspaper of general circulation within the city. Said legal notice shall adhere to a format specified by the city planner and shall include, but not be limited to, the date, time and place of the public hearing; the purpose of the public hearing; and, a legal description and common street address of the subject zoning lot.

(2)

Written notification of property owners. For each zoning lot abutting the subject zoning lot, including public rights-of-way, the applicant shall notify the owners of record, in writing, regarding the date, time, place and purpose of the public hearing.

(3)

Proof of compliance. The applicant shall submit evidence documenting full compliance with all public notification requirements specified by this chapter, to the city planner, not less than 24 hours prior to the scheduled public hearing. Said evidence shall include, but not be limited to, an affidavit of service, publisher's certificate and certified mail return receipts.

13-5.5.

Findings and recommendations.

(a)

At the close of the public hearing, the zoning board of appeals shall determine findings, which detail the manner in which the decision to be rendered by the zoning board of appeals implements the goals and objectives of this Ordinance, or clarifies the administrative interpretation produced by this review process.

(b)

Said findings shall be based upon the evidence presented in each specific case, with respect to the criteria to be used in the evaluation of a variance application specified in this chapter.

13-5.6.

Decisions.

(a)

Subject to the appeals process specified in this Ordinance, the decision rendered by the zoning board of appeals shall be the final administrative decision. The zoning board of appeals shall render a final administrative decision regarding applications for major variances within 30 days of the conclusion of said public hearing.

(b)

The zoning board of appeals shall recommend or when herein authorized, require and attach such conditions and/or restrictions as may be deemed necessary and appropriate to reduce and/or minimize the negative effects of said variance upon other zoning lots, and to better carry out the purpose and intent of this Ordinance.

(c)

Decisions made by the zoning board of appeals, granting a major variance, shall be valid for a period of one year from the effective date of said decision, until and unless, a building permit, or any other permit required for the action or use for which said major variance was requested, has been obtained and the actual construction, or alteration of a building and/or structure, or the land improvement, contemplated in connection with said application, has been actively commenced within said time.

(d)

The code enforcement division shall not issue any permits in conjunction with said decision, for a period of seven days following the effective date of said decision, in order to provide an adequate amount of time for a notice of appeal to be filed by a party aggrieved by said decision.

(e)

No application for a major variance which has been denied by the zoning board of appeals shall be reconsidered within a period of one year from the effective date of said decision.

(Ord. No. 04-67, § 5, 10-18-04)

Editor's note— See editor's note at section 13-3.

13-6.1.

Purpose. The development and execution of a zoning ordinance is based upon the division of the city into districts, within which districts 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 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 special uses fall into two categories:

(a)

Uses publicly operated or traditionally affected with a public interest;

(b)

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.

13-6.2.

Initiation of special uses. Any person owning or having an interest in the subject property may file an application to use such land for one or more of the special uses provides for in this Ordinance in the zoning district in which the land is situated.

13-6.3.

Application for special use. An application for a special uses provided for in this Ordinance in the be accompanied by such plans or data as prescribed by the zoning board of appeals from time to time. The city clerk shall submit a copy of the application and all other information to the plan commission for its review and report to the city council and the planning commission as to the planning consideration of the requested special use and its conformance to the comprehensive plan of Chicago Heights after the public hearing or hearings.

13-6.4.

Hearing on application. Upon receipt of the application referred to above, the planning commission shall hold at least one public hearing. At least 15 days in advance of such hearings, but not more than 30 days, notice of time, place and purpose of such hearing shall be published in a newspaper of general circulation in Chicago Heights.

13-6.5.

Authorization.

(a)

For each application for a special use, the planning commission shall report to the city council its findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest.

(b)

The city council may grant or deny any application for a special use, provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of 20 percent of the frontage adjacent thereto, or across any alley, or directly opposite therefrom, such special use shall not be granted except by the favorable vote of ⅔ of all the members of the city council.

ARTICLE I.\CONDITIONS OF SPECIAL USES GENERALLY

13-6.6.

Standards. No special use shall be recommended by the plan commission unless said planning commission shall find:

(a)

That the establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare;

(b)

That 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;

(c)

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

(d)

That adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided;

(e)

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public street;

(f)

That 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 plan commission.

13-6.7.

Conditions and guarantees.

(a)

Prior to granting any special use, the plan commission may recommend, and the mayor and city council, shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein, or as may be from time to time required.

(b)

In all cases in which special uses are granted, the mayor and 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.

13-6.8.

Effect of denial of a special use. After a public hearing no application for a special use which has been denied wholly or in part by the mayor and city council shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the plan commission and the mayor and city council.

13-6.9.

Termination of special use permit. If work on the proposed development has not begun within three years from the date of the authorization order of the mayor and city council, the authorization shall become null and void and all rights thereunder shall lapse. Upon written application, filed prior to the termination of the three-year time limit, the mayor and the city council may authorize a single extension of the time limit for a further period of not more than one year.

ARTICLE II. CONDITIONS OF SPECIAL USE FOR CANNABIS RELATED BUSINESS ESTABLISHMENT

13-6.6(A)

Definitions.

Adult-Use Cannabis Related Business Establishment: An adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization or transporting organization.

Adult-Use Cannabis Craft Grower: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, dry, cure and package cannabis and perform other necessary activities to make cannabis available for sale at a dispensing organization or use at a processing organization, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-Use Cannabis Cultivation Center: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to cultivate, process, transport and perform necessary activities to provide cannabis and cannabis-infused products to licensed cannabis business establishments, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-Use Cannabis Dispensing Organization: A facility operated by an organization or business that is licensed by the Illinois Department of Financial and Professional Regulation to acquire cannabis from licensed cannabis business establishments for the purpose of selling or dispensing cannabis, cannabis-infused products, cannabis seeds, paraphernalia or related supplies to purchasers or to qualified registered medical cannabis patients and caregivers, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-Use Cannabis Infuser Organization or Infuser: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to directly incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis-infused product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-Use Cannabis Processing Organization or Processor: A facility operated by an organization or business that is licensed by the Illinois Department of Agriculture to either extract constituent chemicals or compounds to produce cannabis concentrate or incorporate cannabis or cannabis concentrate into a product formulation to produce a cannabis product, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

Adult-Use Cannabis Transporting Organization Or Transporter: An organization or business that is licensed by the Illinois Department of Agriculture to transport cannabis on behalf of a cannabis business establishment or a community college licensed under the Community College Cannabis Vocational Training Pilot Program, per the Cannabis Regulation and Tax Act, (P.A. 101-0027), as it may be amended from time-to-time, and regulations promulgated thereunder.

13.6.7(A)

Adult-use cannabis.

1.

Purpose and Applicability. It is the intent and purpose of this Section to provide regulations regarding the cultivation, processing and dispensing of adult-use cannabis occurring within the corporate limits of the City of Chicago Heights. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.

2.

Special/Conditional Use. Adult-Use Cannabis Business Establishment facilities, as defined above shall require approval of a "special/conditional use" permit by the City Council after a public hearing before the City Plan Commission. Said permit application shall be processed in accordance with Chapter 13 (Conditional Uses) of this Title and Chapter 7, Article II, for a use relating to an application within a Business Districts and Chapter 8 relating to an application for a use within a Manufacturing District.

3.

Adult-Use Cannabis Facility Conditions. In determining compliance with Chapter 7, 8 and 13 (Conditional Uses) of the City Zoning Ordinance and this Title, the following components of the Adult-Use Cannabis Facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the property. No special use for a cannabis related business shall be recommended by the plan commission unless said planning commission shall find:

3.1

That the proposed use and facility will not adversely impact existing or planned uses located within the vicinity of the subject property.

3.2

There exists no other cannabis related business, as defined herein above, within 2,500 feet of a previously licensed cannabis related business.

3.3

That the proposed structure in which the facility will be located will comply with all City Ordinances including, but not limited to, Building and Fire codes.

3.3

That the proposed hours of operation shall not commence before 9:00 A.M. nor continue after 11:00 P.M.

3.4

That the available parking complies with City Code and is adequate for the anticipated parking demand within the sole discretion of the City Engineer, Code Enforcement Director and Fire Chief.

3.5

That anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways does not adversely affect the vicinity of the proposed location.

3.6

That site design, including access points and internal site traffic circulation will ensure unhindered traffic flow and public safety for pedestrians.

3.7

That the proposed signage plan is in compliance with sign restrictions within the Act.

3.8

Applicant has demonstrated compliance with all requirements of the section of the Act defining the cannabis related business which it intends to operate, to wit: Section 4 (Adult-Use Cannabis Craft Grower); Section 5 (Adult-Use Cannabis Cultivation Center); Section 6 (Adult-Use Cannabis Dispensing Organization); Section 7 (Adult-Use Cannabis Infuser Organization); Section 8 (Adult-Use Cannabis Processing Organization); or Section 9 (Adult-Use Cannabis Transporting Organization), as applicable.

3.9

Applicant has demonstrated compliance with all applicable laws prerequisite to doing business in Illinois and in the City of Chicago Heights, including not owing any debt of any type to the City.

3.10

Applicant has demonstrated evidence of compliance with the following:

a.

Possession of a Federal employer tax identification number or Social Security Number (for individual);

b.

Provisions of section 2000(e) of chapter 21, title 42 of the United States Code and Federal Executive Order No. 11246 as amended by Executive Order No. 11375 (known as the equal opportunity employer provisions).

c.

Proof of insurance indicating the following coverage: General liability, worker's compensation, completed operations, automobile, hazardous occupation, product liability, and professional liability.

d.

Substantial evidence of a positive historical reputation in the industry and community relative to past business-related performance and effects on the communities previously served.

e.

Substantial evidence of significant financial resources available to the applicant reflecting applicant's ability to successfully undertake and operate the proposed business in a manner that enhances the area in which it is located.

f.

Substantial evidence of ability and intent to reinvest revenue and resources into the corporate limits of the city beyond the term of the proposed business operation.

g.

The creation of local employment opportunities.

h.

Evidence of proposed reinvestment in the City to achieve social justice goals such as participating in cannabis and drug use educational programs, efforts to address homelessness, poverty, enhancement of local education and youth sports programs, and food pantry programs.

i.

Evidence of compliance with City's Minority, Women and Disabled Persons Business Enterprise Plan and Ordinance.

3.11

Applicant has provided a complete copy of its IDFPR cannabis related business organization license application.

3.12

That the establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare of the community or neighboring homes or businesses.

3.13

That 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 alter the character nor diminish and impair property values within the adjacent neighborhood.

3.14

That the establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

3.15

That adequate utilities, access roads, drainage and/or other necessary facilities have been or are being provided.

3.16

That 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 plan commission.

3.17

Other criteria determined to be necessary to assess compliance with Chapter 13 and (special/conditional Uses) of this Title.

3.18

That the Applicant has demonstrated that there shall be no semi-truck or tractor activity or other large-scale vehicle traffic associated with the proposed cannabis related facility as determined in the sole discretion of the City Code Enforcement Director.

4.

Adult-Use Cannabis Craft Grower. In those zoning districts in which an Adult-Use Cannabis Craft Grower may be located, the proposed facility must comply with the following:

4.1

Facility may not be located within 250 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

4.2

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

4.3

For purposes of determining required parking, Adult-Use Cannabis Craft Grower shall be classified as " retail business" provided, however, that the City may require that additional parking be provided as a result of the analysis completed through Chapter 13 (Adult-Use Cannabis: Conditional Use) herein.

4.4

Petitioner shall file an affidavit with the City affirming compliance with Section as provided herein and all other requirements of the Act.

5.

Adult-Use Cannabis Cultivation Center In those zoning districts in which an Adult-Use Cannabis Cultivation Center may be located, the proposed facility must comply with the following:

5.1

Facility may not be located within 250 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

5.2

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

5.3

For purposes of determining required parking, Adult-Use Cannabis Cultivation Centers shall be classified as "a retail business" provided, however, that the City may require that additional parking be provided as a result of the analysis completed through Chapter 13 and Chapter 7 Article II (Adult-Use Cannabis: Conditional Use) herein.

5.4

Petitioner shall file an affidavit with the City/Village affirming compliance with Chapter 13 as provided herein and all other requirements of the Act.

6.

Adult-Use Cannabis Dispensing Organization. In those zoning districts in which an Adult-Use Cannabis Dispensing Organization may be located, the proposed facility must comply with the following:

6.1

Facility may not be located within 250 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

6.2

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

6.3

[Deleted.]

6.4

For purposes of determining required parking, said facilities shall be classified as "retail business" pursuant to the City Municipal Code, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through Chapter 13 and Chapter 7, Article II (Adult-Use Cannabis: Conditional Use) herein.

6.5

Petitioner shall file an affidavit with the City affirming compliance with Chapter 13 as provided herein and all other requirements of the Act.

7.

Adult-Use Cannabis Infuser Organization. In those zoning districts in which an Adult-Use Cannabis Infuser Organization may be located, the proposed facility must comply with the following:

7.1

Facility may not be located within 250 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

7.2

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

7.3

For purposes of determining required parking, said facilities shall be classified as a "retail business" pursuant to the City Municipal Code, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through Chapter 13 and Chapter 7, Article II (Adult-Use Cannabis: Conditional Use) herein.

7.4

Petitioner shall file an affidavit with the City affirming compliance with Chapters 13 and Chapter 7 and Chapter 8 as provided herein and all other requirements of the Act.

8.

Adult-Use Cannabis Processing Organization. In those zoning districts in which an Adult-Use Cannabis Processing Organization may be located, the proposed facility must comply with the following:

8.1

Facility may not be located within 250 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

8.2

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

8.3

For purposes of determining required parking, said facilities shall be classified as a "retail business " pursuant to the City Municipal Code, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through chapter 13 and Chapter 7 (Adult-Use Cannabis: Conditional Use) herein.

8.4

Petitioner shall file an affidavit with the City affirming compliance with Chapter 13 and Chapter 7 as provided herein and all other requirements of the Act.

9.

Adult-Use Cannabis Transporting Organization. In those zoning districts in which an Adult-Use Transporting Organization may be located, the proposed facility must comply with the following:

9.1

Facility may not be located within 250 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.

9.2

Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.

9.3

For purposes of determining required parking, said facilities shall be classified as "retail business" per the City Municipal Code, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through Chapter 13 and 7 (Adult-Use Cannabis: Conditional Use) herein.

9.4

Petitioner shall file an affidavit with the City affirming compliance with Chapter 13, 7 and/or 8 as provided herein and all other requirements of the Act.

10.

Additional Requirements for all Cannabis related Businesses. Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the conditional use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an Adult-Use Cannabis Business Establishment and the site on which it is located, consistent with the requirements of the Act.

11.

Co-Location of Cannabis Business Establishments. The City may approve the co-location of an Adult-Use Cannabis Dispensing Organization with an Adult-Use Cannabis Craft Grower Center or an Adult-Use Cannabis Infuser Organization, Adult Use Transporter Organization or Adult Use Cannabis Cultivation Center or Adult Use Processing Organization, subject to the provisions of the Act and the Conditional Use criteria within the City according to its Municipal Code. In a co-location, the floor space requirements of Section 6.3 and 7.3 shall not apply, but the co-located establishments shall be the sole use of the tenant space.

13-6.8(A)

Business districts special/conditional uses. The following Cannabis related business establishments may be permitted as a Special/conditional Use in specific situations in accordance with the procedures outlined in Chapter 13 and Chapter 7 as may be approved by the City Council:

Adult-Use Cannabis Dispensing Organization.

Adult Use Cannabis Infuser Organization.

Adult Use Craft Grower Organization.

Adult-Use Cannabis Processing Organization.

Adult-Use Cannabis Transporting Organization.

Adult Use Cultivation Organization.

13-6.9(A)

Manufacturing districts special/conditional uses. The following Cannabis related business establishments may be permitted as a Special/conditional Use in specific situations in accordance with the procedures outlined in Chapter 13 and Chapter 8 as may be approved by the City Council:

Adult-Use Cannabis Dispensing Organization.

Adult-Use Cannabis Infuser Organization.

Adult-Use Cannabis Processing Organization.

Adult-Use Cannabis Transporting Organization.

Adult Use Craft Grower Organization.

Adult Use Cultivation Organization.

(Ord. No. 04-67, § 5, 10-18-04; Ord. No. 2020-5, § 5, 2-19-20)

Editor's note— See editor's note at section 13-3.

The city planner of the City of Chicago Heights, Illinois, hereafter referred to as the "officer", is designated as the zoning officer of said city, to be responsible for enforcing this zoning ordinance. Said officer shall have the power and shall see that the provisions of this Ordinance are properly enforced.

(Ord. No. 04-67, § 5, 10-18-04)

Editor's note— See editor's note at section 13-3.

No building or structure shall be erected, reconstructed, enlarged or moved until a zoning permit shall have been applied for in writing and issued by the officer. Said permit shall be posted in a prominent place on the premises prior to and during the period of erection, reconstruction, enlargement or moving.

13-8.1.

Before a permit is issued for the erection, moving, alteration, enlargement or occupancy of any building or structure or use of premises, the plans and intended use shall indicate conformity in all respects to the provisions of this Ordinance.

13-8.2.

Site plan. Every application for a zoning permit in a manufacturing district (M-1, M-2, and M-4) shall, in addition, be accompanied by a statement of the industrial processes to be conducted on the site along with other information pertinent to performance standards requirements for the district. The zoning officer shall provide a special questionnaire to be used in obtaining such information. When applying for building permit or permits for alterations, enlargements or additions to existing industrial buildings, as far as performance standards are concerned, it shall be necessary only to show documentary proof that the applicant is in compliance with all pollution control requirements of the State of Illinois and County of Cook.

13-8.3.

The zoning officer shall have the discretion of reviewing proposed plans and operations for a manufacturing district and engaging engineering assistance as required to fully evaluate the application. However, the zoning officer must respond to the applicant within 15 days of the zoning application and advise whether the application has been accepted, rejected, or is being held for further study.

13-8.4.

Interpretation of ordinance. In interpreting and applying the provisions of this Ordinance, they shall be held to be the minimum requirements for the promotion of health, safety, morals, convenience or the general welfare.

(Ord. No. 04-67, § 5, 10-18-04)

Editor's note— See editor's note at section 13-3.

A zoning certificate of occupancy (in addition to any certificate of occupancy required by the building department) to be issued by the officer shall be required for any of the following, except buildings incidental to agricultural operations other than residences:

(a)

Occupancy and use of a building hereafter erected or enlarged.

(b)

Change in use of an existing building.

(c)

Occupancy and use of vacant land except for the raising of crops.

(d)

Change in the use of land to a use of a different classification.

(e)

Any change in the use of a nonconforming use.

13-9.1.

No such occupancy, use or change of use, shall take place until a zoning certificate of occupancy, therefor, shall have been issued.

13-9.2.

Written application for certification of occupancy for a new building or for an existing building which has been enlarged shall be made at the same time as the application for the zoning permit for such building. Said certification shall be acted upon within seven days after a written request for the same has been made to the officer after the erection or enlargement of such building or part thereof has been completed in conformance with the provisions of this Ordinance.

13-9.3.

Pending the issuance of such certification, a temporary certification of occupancy may be issued by the officer for a period of not more than six months during the completion of the construction of the building or of alterations which are required under the terms of any law or ordinance. Such temporary certificate may be renewed, but it shall not be construed in any way to alter the respective rights, duties or obligations of the owner or of the city relating to the use or occupancy of the land and/or building, or any other matter covered by this Ordinance, and such temporary certification shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.

13-9.4.

Written application for certification of occupancy for the use of vacant land, or for a change in the use of land or a building, or for a change in the nonconforming use, as herein provided, shall be made to the officer.

13-9.5.

If the proposed use is in conformity with the provisions of this Ordinance, certification of occupancy therefor shall be issued within seven days after the application for the same has been made.

(Ord. No. 04-67, § 5, 10-18-04)

Editor's note— See editor's note at section 13-3.

In order to assure that the provisions of this Ordinance remain consistent with the promotion and/or protection of the health, safety and welfare of the general public, the regulations imposed and the zoning districts created by the provisions of this Ordinance may be amended from time to time in a manner specified by this section.

13-10.1.

Classification. For the purposes of this Ordinance, and to assure the prompt, orderly and efficient consideration of proposed amendments to the provisions specified herein, said amendments shall be separated and classified as either a substantive amendment or an amendment to the official zoning map.

(a)

Text amendment. All proposals for additions, alterations, deletions, and/or other substantive changes to the specific text, requirements, and/or procedures of this Ordinance, imposed upon the use of a zoning lot, shall be defined as text amendments.

(b)

Map amendment. All proposals for additions, alterations, deletions, and/or other substantive changes to the delineation of zoning districts on the city's official zoning map, shall be defined as map amendments.

13-10.2.

Application. For the purposes of this Ordinance, text amendments to this Ordinance and/or amendments to the city's official zoning map, may be proposed by any individual, agency, board, bureau, commission, institution, firm and/or corporation, public or private, having a legal interest in any property located within the corporate limits.

13-10.3.

Jurisdiction. The zoning board of appeals shall review all proposed amendments to the provisions of this Ordinance, and to the boundaries of zoning districts designated under said provisions, and represented on the city's official zoning map. The zoning board of appeals shall review said amendments in accordance with the following processes: review all information and evidence; verify public notification; conduct public hearing; prepare findings; and submit recommendations to the city council.

13-10.4.

Forms. All amendments shall be submitted on the appropriate forms which may be obtained from the plan department, which shall provide the applicant all possible assistance and information necessary to assure a thorough and impartial review. The applicant shall be responsible for providing all information specified on the application forms. Said information shall include, but not be limited to, the following:

(a)

Filing information. Said application shall provide the name, address and telephone number of the applicant.

(b)

Descriptive narrative. Said application shall provide a brief narrative describing the changes proposed by said amendment, and offering an explanation as to why said changes should be incorporated into this Ordinance.

A fully completed application with required documentation and/or attachments and the required fee, shall be filed with the planning department in accordance with the provisions of this chapter.

13-10.5.

Processing application for amendment. Upon receipt of the application, the city planner shall assign a case number, and file the application for an amendment with the city clerk. The application shall be accompanied by such plans or data, and such other information, as specified by the zoning board of appeals, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed amendment will conform to the standards set forth herein. The city planner shall forward copies of such application to the city council, the zoning board of appeals, and the plan commission.

13-10.6.

Notices required for Special Use Permits, Variance or other applications.

(1)

Owners or occupants of affected properties.

(a)

The zoning board of appeals shall give notices of the public hearings to the applicant and to the owners or occupants of other properties which may be affected as determined by the zoning board of appeals.

(b)

All notices shall be in writing and shall give time, place and purpose of such hearing and shall be mailed not more than 30 days, nor less than 15 days in advance of such hearing. The notice shall be sent by certified mail, properly addressed as shown on the tax assessor's rolls and with sufficient postage affixed thereof, with return receipt requested.

(2)

Public action. The city planner shall cause a notice of time, place and purpose of such hearing to be published in a newspaper of general circulation within the City of Chicago Heights, not more than 30 days not less than 15 days in advance of such hearing.

13-10.6.1.

Notices required for Zoning Code Map or text amendments.

(1)

Public action. The city planner shall cause a notice of time, place and purpose of such hearing to be published in a newspaper of general circulation within the City of Chicago Heights, not more than 30 days not less than 15 days in advance of such hearing.

13-10.7.

Public hearings.

(a)

Subject to the provisions of this Ordinance, the zoning board of appeals shall convene a public hearing on all proposed amendments to this Ordinance or the city's official zoning map.

(b)

All public hearings convened under the provisions of this Ordinance shall be open to the public, and conducted in an impartial and orderly manner, consistent with the applicable provisions of the State of Illinois' Open Meetings Act, as amended. The zoning board of appeals shall regulate the conduct of said hearings, ruling on the validity and accuracy of applications, procedural matters, modifications, and/or objections presented during said hearings.

(c)

Persons wishing to testify during a public hearing, shall do so as witnesses, under oath, with said oath being administered by the chair of the zoning board of appeals.

(d)

The zoning board of appeals may continue a public hearing, without the additional placement of published and/or posted public notice, should said continuance be deemed necessary and appropriate. The time and place of said continuance shall be determined by the zoning board of appeals, consultation with the applicant and all affected parties, and shall be announced for the public record, prior to the adjournment of said public hearing.

13-10.8.

Findings of fact and recommendations. The zoning board of appeals shall, within 30 days after the close of the public hearing on the proposed amendment, prepare findings of fact and submit recommendations to the city council.

13-10.9.

Fee requirements for zoning petitions.

(1)

The filing fee for a petition for a minor zoning variation shall be $100.00; for a major zoning variation, $200.00.

(2)

The filing fee for a zoning change, special use permit, or amendments shall be $500.00.

(3)

In addition to the filing fees hereinabove, the petitioner shall pay any and all additional fees and expenses necessary for the implementation for the procedure required, including, but not limited to, mailing, postage and return receipt requested fees.

(4)

Each such petitioner shall also pay the cost of publication of any notices which may be required and the cost of a court recorder at the public hearing. In addition to these costs, the petitioner shall also bear any and all other expenses related to the petition. A $300.00 escrow payment must be made at the time of filing for such cases described above.

(5)

All fees are to be paid before the public hearing date is set. The requirements of this paragraph concerning fees shall not apply to governmental units.

(Ord. No. 04-67, § 5, 10-18-04; Ord. No. 2018-3, §§ 1, 2, 1-17-18)

Editor's note— See editor's note at section 13-3.

Any decision regarding the interpretation and/or enforcement of the provisions of this Ordinance may be appealed, in accordance with the provisions of this section.

13-11.1.

Appellate authority. Appeals filed under the provisions of this chapter shall be directed to the designated appellate body by the city planner, in accordance with the nature of the decision and/or interpretation being appealed.

(a)

Administrative review and interpretation. Final administrative decisions made by the city planner regarding the interpretation of the provisions of this Ordinance shall be appealed to the zoning board of appeals who shall convene a hearing on said appeal on the next regularly scheduled hearing date.

(b)

Minor variance. Final administrative decisions made by the city planner regarding the provisions of this Ordinance in the granting of a minor variance shall be appealed to the zoning board of appeals who shall convene a hearing on said appeal on the next regularly scheduled hearing date.

(c)

Major variance. Final administrative decisions made by the zoning board of appeals regarding the provisions of this Ordinance in the granting of a major variance shall be appealed to the mayor and the city council.

(d)

Special use permit. The decision of the corporate authorities acting on the recommendations of the plan commission regarding the provisions of this Ordinance in the granting of a special use permit, shall be made directly to a court of competent jurisdiction in the manner prescribed by the Administrative Review Act, of the Illinois Revised Statutes, as amended.

(e)

Amendments. The decision of the corporate authorities, acting on the recommendations of the zoning board of appeals, regarding the provisions of this Ordinance in the approval of an amendment to the provisions of this Ordinance, or to the city's official zoning map, shall be made directly to a court of competent jurisdiction in the manner prescribed by the Administrative Review Act, of the Illinois Revised Statutes, as amended.

13-11.2.

Application. Any individual, agency, board, bureau, commission, institution, firm and/or corporation, public or private, aggrieved by any decision made by the zoning board of appeals and/or the city planner, may appeal to the appropriate appellate authority specified herein, in accordance with the provisions of this chapter, and the applicable statutes of the State of Illinois, as amended.

(a)

Procedure. A notice of appeal shall be filed with the planning department within seven days of the effective date of any decision being appealed. The city planner shall immediately notify the chair of the zoning board of appeals, upon receipt of a notice of appeal.

(b)

Stay of proceedings. The filing of a notice of appeal shall immediately stay all proceedings in furtherance of the action being appealed, pending a declaration of imminent peril. Should the city planner certify, in writing, that by reasons of fact, a stay would, in his/her opinion, cause imminent peril to the life or property, the city council, or a court of competent jurisdiction regarding said decision, on due cause shown, shall stay the proceedings through a declaration of imminent peril and/or a restraining order.

(c)

Forms and assistance. The appellant shall obtain the appropriate forms from the city planner, which shall provide the appellant with all possible assistance and information necessary to assure a prompt thorough and impartial review. The appellant shall be responsible for providing all information specified on the notice of appeal. Said information shall include, but not be limited to, the following:

(1)

Ownership and/or operating interest. Said application shall provide the name, address and telephone number of the applicant, owners of record and/or developer.

(2)

Identification of the decision being appealed. Said application shall provide the following means of accurately identifying the decision being appealed: case number and filing date of original application.

(3)

Grounds for appeal. Said notice of appeal shall provide a narrative and/or list of all facts and/or conditions which serve as the basis for said appeal. The city planner shall forward copies of the notice of appeal and all materials submitted in support of said notice, to the zoning board of appeals not less than seven days prior to the next regularly scheduled hearing date. Said notice of appeal and materials shall be a matter of public record and be made available for public inspection upon written request.

(Ord. No. 04-67, § 5, 10-18-04)

Editor's note— See editor's note at section 13-3.

13-12.1.

Violations of performance standards. If the city planner questions compliance with the applicable performance standards of the district, he may institute action to make appropriate measurements in and about the subject use. If it is necessary to contract with outside engineering laboratories to make tests as required, the costs of such tests will be borne by the manufacturing use, if found in violation. If no violation is found, then the City of Chicago Heights will bear such expense.

13-12.2.

Penalties. Any individual, institution, agency, firm, and/or corporation, who violates, disobeys, omits, neglects, refuses to comply with, or otherwise resists or obstructs the enforcement of the provisions of this Ordinance, shall, upon conviction, be fined not less than $50.00, or more than $2,000.00 for each offense. For the purposes of this Ordinance, each day a violation is permitted to exist, shall constitute a separate offense.

(Ord. No. 04-67, § 5, 10-18-04)

Editor's note— See editor's note at section 13-3.

If any section, paragraph, subsection, sentence, clause, or phrase of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this Ordinance, but the effect thereof shall be confined to the section, paragraph, subsection, sentence, clause, or phrase immediately involved in the controversy in which judgment or decree shall be rendered.

(Ord. No. 04-67, § 5, 10-18-04)

Editor's note— See editor's note at section 13-3.

All ordinances or parts of ordinances in conflict with the provisions of this Ordinance, to the extent that such conflict exists, are hereby repealed.

(Ord. No. 04-67, § 5, 10-18-04)

Editor's note— See editor's note at section 13-3.