This chapter shall be enforced by the zoning enforcement officer, who shall be appointed by the mayor by and with the consent of the city council.

(Code 1996, § 11-2-1)

(a)

Generally. This chapter may be amended, specific property may be rezoned and special use permits may be granted, but no such action shall be taken without a hearing before the city plan commission. Notice shall be given of the time and place of the hearing, not more than 30 and not less than 15 days before the hearing, by publishing a notice thereof at least once in one or more newspapers published in the city, or, if no newspaper is published therein, then in one or more newspapers with a general circulation within the city.

(b)

Rezoning ordinances. The following provisions apply to ordinances rezoning specific property and ordinances granting special use permits:

(1)

The party petitioning for a change shall obtain the appropriate petition from the city clerk. The party petitioning shall fully complete the petition and file it with the city clerk along with a nonrefundable filing fee as established in section 42-106.

(2)

Upon receipt of a completed petition, the city clerk shall present a copy of the petition to the secretary of the plan commission. The secretary shall then publish the proper notice of the hearing notifying all members of the plan commission, all members of the city council, the mayor and the zoning enforcement officer of the time and place of the hearing.

(3)

In addition to the notice specified in subsection (a) of this section, notice of the hearing shall be given within the time limits specified in subsection (a) of this section by the posting of an official notice of public hearing sign by the petitioner, per city procedures, on the subject property. The unauthorized removal of the official notice of public hearing sign shall be deemed a violation of this chapter.

(4)

Upon completion of the public hearing by the plan commission, a report and recommendation on the petition shall be filed with the city council for action at its next regular meeting. The city clerk shall then notify the petitioner and the plan commission of the city council's action.

(5)

In case a written protest against any proposed ordinance rezoning specific property or ordinance granting a special use permit, signed and acknowledged by the owners of 20 percent of the frontage proposed to be altered, or by the owners of 20 percent of the frontage immediately adjoining or across an alley therefrom, or by the owners of 20 percent of the frontage directly opposite the frontage proposed to be altered, is filed with the city clerk no less than seven days prior to the date such action is to be considered by the city council, the ordinance shall not be passed except by a favorable vote of two-thirds of the aldermen then holding office. In such cases, a copy of the written protest shall be served by the protestor on the applicant for the proposed ordinance, by certified mail, at the address of such applicant shown in the application for the proposed ordinance no less than seven days prior to the date such ordinance is to be considered by the city council.

(Code 1996, § 11-1-4; Ord. No. 98-4-6, § 1, 4-27-1998; Ord. No. 20-08-19, § 1, 8-10-20)

A board of zoning appeals is established in accordance with applicable law.

(Code 1996, § 2-2-1)

The board of zoning appeals shall consist of seven members, who shall be appointed by the mayor with the approval of the city council, and members so appointed shall serve for five-year staggered terms. One of the members so appointed shall be named as chair at the time of his appointment.

(Code 1996, § 2-2-1)

Regular meetings of the board of zoning appeals shall be held at such time and place within the city as the board may determine. Special meetings may be held at the call of the chair, or as determined by the board. The chair, or in his absence the acting chair, may administer oaths and compel attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member on every question. If any member is absent or fails to vote, the minutes shall indicate such fact. The board shall adopt its own rules of procedure not in conflict with statute or this chapter.

(Code 1996, § 2-2-2)

An appeal to the board of zoning appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the city. The appeal shall be taken within 45 days of the action complained of by filing, with the officer from whom the appeal is taken and with the board, a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, 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. If the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board or by a circuit court on application and on notice to the officer from whom the appeal is taken, and on due cause shown. The board shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the parties and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The board 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 officer from whom the appeal is taken.

(Code 1996, §§ 2-2-3, 2-2-4)

State Law reference— Similar provisions, 65 ILCS 5/11-13-12.

(a)

Procedure; authority of board. 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 board of zoning appeals may, in the following instances only, make such variations of the strict application of terms of this chapter as are in harmony with its general purpose and intent when the board 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 so great as to warrant a variation to:

(1)

Permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record.

(2)

Permit the reconstruction of a nonconforming building which has been destroyed or damaged to an extent of more than 50 percent of its value by fire or act of God, or the public enemy, where the board shall find some compelling public necessity requiring a continuance of the nonconforming use, and in no case shall such a permit be issued if its primary function is to continue a monopoly.

(3)

Make a variance where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property of record, or by reason of exceptional topographical conditions, the strict application of any provision of this chapter would result in peculiar and exceptional practical difficulties or particular hardship upon the owner of such property, and amount to a practical confiscation of property, as distinguished from a mere inconvenience to such owner, provided such relief can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the comprehensive plan as established by the regulations and provisions contained in this chapter.

(4)

Interpret the provisions of this chapter where the street layout actually on the ground varies from the street layout as shown on the district map fixing the several districts.

(5)

Waive the parking requirements in the business or industrial districts whenever the character or use of the building is such as to make unnecessary the full provision of parking facilities or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or convenience.

(6)

Permit a building to be erected, reconstructed, altered or enlarged so that the building lines will extend beyond the distance specified in this chapter into side yards or into front yards; provided that such variance may not be granted unless:

a.

There is a building in the block which extends beyond the distance from the front street line specified in this chapter, in which case the building line may be permitted to extend as near to the front street line as such nonconforming building;

b.

The lot is irregular in shape, topography or size; or

c.

The street line of the lot is directly opposite the street line of a lot which is irregular in shape, topography or size.

(7)

Permit in any district such modifications of the requirements of the regulations of this chapter as the board may deem necessary to secure an appropriate development of a lot where adjacent to such lot on two or more sides there are buildings that do not conform to the regulations of the district.

Nothing contained in this section shall be construed to give or grant to the board the power or authority to alter or change this chapter or the district map, such power and authority being reserved to the city council. The board may impose such conditions and restrictions upon the use of the premises benefited by a variation, after an application for a permit has been made to the zoning enforcement officer and after a duly advertised public hearing held by the board as prescribed by statute. The notice of hearing shall contain the address or location of the property for which the variation or other ruling by the board is sought, as well as a brief description of the nature of the appeal.

(8)

Permit the construction of fences in a manner other than as permitted in section 106-169 of this Code.

(b)

Fee. In order to partially defray the expenses of the public hearings involving variances, the applicant shall pay the sum established in section 42-106 to the city collector at the time of the filing of the application for the variance.

(c)

Notice requirements. Not less than 15 days and not more than 30 days prior to a public hearing for variance, notice of the time and place of such hearing shall be advertised by:

(1)

Publication at least once in a newspaper of general circulation within the city.

(2)

The posting of the official notice of public hearing sign by the petitioner, per city procedures, on the subject property. The unauthorized removal of the official notice of public hearing sign shall be deemed a violation of this chapter.

(3)

Mailing of the notice via standard U.S. Mail to the owners, as shown in the Peoria County property tax records, of properties with property boundaries touching, or overlapping with, the property boundaries of the property seeking the variance.

(Code 1996, §§ 2-2-4, 2-2-5; Ord. No. 98-4-5, § 1, 4-27-1998; Ord. No. 03-02-02, § 2, 2-11-2003; Ord. No. 22-05-18, § 2, 5-9-2022)

State Law reference— Variances, 65 ILCS 5/11-13-5 et seq.

All final administrative decisions of the board of zoning appeals rendered under the terms of this division shall be subject to judicial review pursuant to the provisions of the Administrative Review Act (735 ILCS 5/3-101 et seq.), and the rules adopted pursuant thereto. The term "administrative decision" is defined as in 735 ILCS 5/3-101.

(Code 1996, § 2-2-6; Ord. No. 98-4-5, § 1, 4-27-1998)

State Law reference— Similar provisions, 65 ILCS 5/11-13-13.

All permits required by this chapter shall be issued by the zoning enforcement officer. No building permit or certificate of occupancy shall be issued by him except where the provisions of this chapter shall have been complied with.

(Code 1996, § 11-2-1)

(a)

Required. It shall be unlawful to establish any use of a building, structure or land, either by itself or in addition to another use, or to erect a new building or structure, or part thereof, or to rebuild, structurally alter, add to or relocate any building or structure, or part thereof, without obtaining a building permit from the zoning enforcement officer.

(b)

Application. Applications for permits shall be filed in written form with the zoning enforcement officer. Each application shall state the legal description of the property, the name and address of the owner, the applicant and the contractor, and the estimated costs, and shall describe the uses to be established or expanded, and shall give such information as may be required by this chapter for its proper enforcement.

(c)

Submission of plans. All applications shall be accompanied by a dimensioned drawing of the building plot showing the location of buildings and structures, lot areas to be used, and auto parking areas.

(d)

Accessory buildings; posting of permit. Each permit issued for a main building shall also cover any accessory structures or buildings constructed at the same time on the same premises. Such permit shall be posted in plain sight on the premises for which it is issued until completion of construction or occupancy.

(e)

Time limit for commencing work; revocation. Any work or change in use authorized by a permit but not substantially started within 90 days shall require a new permit. A permit shall be revoked when it is determined that the rules or regulations under which it has been issued are being violated, on that work under the permit is not being performed with reasonable diligence.

(f)

Compliance with fire codes. Before any permit is issued for a commercial building, the zoning enforcement officer shall first consult with the fire department serving the city in order to ensure compliance with all fire codes of the city and state.

(g)

Records. All applications and a copy of all permits issued shall be systematically filed and kept by the zoning enforcement officer in his office for ready reference.

(h)

Expiration. Each building permit shall have an associated expiration date commencing from the primary issuance date. If work as described within the building permit is not finished on or before the expiration date, a new building permit must be applied for and issued in conformance with the provisions of this chapter before construction can continue. Any reissued permits as described in this subsection shall be considered new and, therefore, the application fee shall conform to the rate structure described in section 106-74. The expiration dates can be calculated as follows:

(1)

Permit for new construction: One year from date of issuance.

(2)

Reissued permit: The amount of time reasonable determined by the city for completion of the project.

(3)

All other types of permits: Six months from date of issuance.

(Code 1996, § 11-2-2(A), (C); Ord. No. 07-06-06, §§ 1, 2, 6-11-2007; Ord. No. 07-06-06, §§ 1, 2, 6-11-2007; Ord. No. 21-02-03, § 1, 2-8-2021)

Editor's note— Ord. No. 16-10-18, § 1, adopted Oct. 24, 2016, repealed former § 106-73, which pertained to certificates of occupancy, and derived from the 1996 Code, § 11-2-2(B).

(a)

To partially defray expenses of administering this chapter, a fee, where required, shall be charged for each building permit or certificate of occupancy and collected by the city collector, who shall account for such fees to the city. The fees charged for permits and certificates shall be as established in section 42-18.

(b)

There shall be no refund of any permit or certificate fee paid pursuant to this section.

(Code 1996, § 11-2-2(A)(7); Ord. No. 24-09-22, § 14, 9-9-2024)

The lawful use of any building or structure existing on February 6, 1960, may be continued, although such use does not conform with the provisions of this chapter.

(Code 1996, § 11-9-1(A))

A nonconforming use shall not be extended, but the extension of a lawful use to any portion of the building designed for a nonconforming use which existed prior to February 6, 1960, shall not be deemed the extension of such nonconforming use. Any such valid extension must meet the lot area, side yard, front yard and rear yard requirements provided for the district in which the nonconforming building is located. A nonconforming use of land shall not be extended, or moved to another area of the plot, or increased in intensity of use.

(Code 1996, § 11-9-1(B))

A nonconforming building or structure may not be reconstructed or structurally altered during its life to an extent exceeding an aggregate cost of 50 percent of the replacement cost of the building or structure unless the building or structure is changed to a conforming use. A building or structure designed for a nonconforming use, however, may be reconstructed or altered beyond the limitation provided in this section by the action of the board of zoning appeals after public hearing, as required by law in case of variances. The limitation provided in this section shall not prohibit the restoration to a safe condition of any building or structure or portion thereof declared unsafe by a proper authority.

(Code 1996, § 11-9-1(C); Ord. No. 11-11-27, § 1, 11-14-2011)

Editor's note— Section 1 of Ord. No. 11-11-27, adopted Nov. 14, 2011, changed the title of § 106-93 from "Reconstruction or alteration of nonconforming building" to "Reconstruction or alteration of nonconforming building or structure."

If a nonconforming use has ceased for a period of one year or more, it shall not be reestablished unless the nonconforming use was in a building designed, arranged, and intended for such use.

(Code 1996, § 11-9-1(D))

Once changed to a conforming use, no building or land shall be permitted to revert to a nonconforming use. A nonconforming use shall not be substituted for or added to another nonconforming use.

(Code 1996, § 11-9-1(E))

Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different classification, the provisions of this division shall also apply to any nonconforming uses existing therein.

(Code 1996, § 11-9-1(F))

Notwithstanding anything in the City Code to the contrary, if a nonconforming use of a mobile home (as such term is defined in section 58-1 of the City Code) has ceased for a period of six months, it may not be reestablished.

(Ord. No. 11-10-20, § 1, 10-10-2011)