Creation: The Board of Appeals for the City shall consist of seven members to serve for a term of five years. Not more than one term shall expire each year except for years ending with 0, 1, 5 and 6 when two terms shall expire.

At the request of the Board of Appeals, the Mayor may appoint a Secretary to the Board of Appeals. At the request of the Board of Appeals, the Mayor, with the advice and consent of the City Council may also retain the services of a person or firm for special studies, reports or consultation.

All appointments to the Board of Appeals, shall be made by the Mayor with the advice and consent of the City Council. One of the members so appointed shall be named as Chairman at the time of his appointment. Any position on the Board of Appeals may be declared vacant by the Mayor in the event that the Chairman of the Board of Appeals notifies the Mayor that the appointee has been absent without approval of the Chairman for either 1) three consecutive regular meetings; or 2) five regular meetings within any calendar year. The Mayor has the power to remove any member for cause after a public hearing before the City Council.

Vacancies shall be filled as soon as possible for the unexpired term of any member whose place has become vacant in the manner herein provided for the appointment of such members. In the event that the office of Chairman is vacated for any reason, the Mayor with the advice and consent of the City Council shall within 30 days, appoint, at his option, either one of the remaining members of the Board, or any member who is appointed to fill such vacancy on the Board as the new Chairman.

All meetings of the Board of Appeals shall be held at the call of the Chairman and at such other times as the Board may determine. All testimony by witnesses at any hearing provided for in this Zoning Chapter shall be given under oath. The Chairman, or in his absence, the Acting Chairman, who shall be selected by the members present from among their number, may administer oaths and compel the attendance of witnesses. The Board may adopt such rules as it may deem necessary for the proper conduct of its meetings and hearings, provided they are consistent with the provisions of this Chapter and the Illinois Statutes. 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 upon every question, or if absent, or failing to vote, indicating that fact, and shall also keep records of its examinations and other official actions. Every rule, regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Board shall immediately be filed in the office of the City Clerk and shall be a matter of public record.

Duties: The Board of Appeals shall:

A.

Hear and decide appeals from any order requirement, decision, or determination made by the Zoning Administrator enforcing this Chapter;

B.

Hear and recommend variations from the term provided in this Chapter subject to the standards set forth in this Chapter; and

C.

Hear and decide all matters referred to it, or upon which it is required to pass under the provision of this Chapter.

The Board of Appeals shall also hold public hearings as required by the Statute pertaining to proposed amendments to the regulations imposed and the Districts created by this Chapter, and to proposed special uses; and, to make a written report and recommendation to the City Council on any such proposed amendments or special uses.

Decisions:

All final administrative decisions arrived at by the Board of Appeals, following a public formulation of a findings of fact, shall require a concurring vote of four or more members.

All decisions of the Board of Appeals on appeals from decisions of the Zoning Administrator shall, in all instances, be final administrative decisions.

The City Council, in accordance with procedures set forth by the statutes of the State of Illinois and this Chapter, may adopt an ordinance amending regulations imposed and Districts created by this Ordinance.

All persons interested in requesting a zoning change, variation, amendment, and or special use must contact a City Zoning Administrator. Zoning Administrator will conduct a preliminary review, with the applicant, which is intended to inform the prospective applicant about the requirements of the City Zoning Ordinance and administrative processes. At any time, a City Zoning Administrator may request the submission of preliminary plats and site specifications, which clearly describe the intended use. Specification shall include, but not be limited to: the size, height, type and general location of existing buildings; a locational inset map; the means of ingress and egress; the proposed circulation pattern within the area; the location and description of public and private improvements, existing and proposed; parking and service area design; and current zoning.

If a City Zoning Administrator deems it necessary, the Director of Zoning will then conduct a formal staff review. The staff review may include all department personnel, as well as City Engineer, Fire District, and other applicable traffic safety or environmental specialists. Said review shall examine plans and specifications submitted, to ensure conformance and compliance with applicable requirements and standards. A report of the staff review shall be submitted to the Zoning Board of Appeals, the Plan Commission and the City Council. Applicants may request copies of the staff review report.

Zoning Certificates: No permit pertaining to the use of land or buildings shall be issued unless a City Zoning Administrator has certified after examination that it complies with all provisions of this Chapter.

Occupancy Permits: No land shall be occupied or used, and no building hereafter erected or substantially altered shall be occupied or used, in whole or in part, for any purpose whatsoever, until a certificated of occupancy shall have been issued by the Building Commissioner stating that the building complies with all the building and health laws and Ordinances, and with the provisions of these regulations. No change of a principal use, as set forth in this Chapter, shall be made in any building, or part thereof, now or hereafter erected or altered, without a permit having been issued by the Building Commissioner; and no permit shall be issued to make such change unless it is in conformity with the provisions of this Chapter and amendments thereto. Nothing in this Article shall prevent the continuance of the present occupancy or use of any existing building except as may be necessary for safety of life and property.

Procedure to apply for Occupancy Certificates are outlined in Section 14.13.01 of the City Code.

A record of all certificates shall be kept on file in the office of the Building Commissioner and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected. A reasonable fee may be charged for each additional copy of a certificate.

Appeals: An appeal may be taken to the Board of Appeals by any person, firm or corporation, or by any office, department, board, bureau, or commission aggrieved by a decision of the Zoning Administrator, or other authorized officials. A petition for an appeal before the Board of Appeals shall be filed initially in the office of the Zoning Administrator.

The Board of Appeals may recommend, and the City Council may grant, variations of the provisions of this Chapter in harmony with its general purpose and intent, except in the specific instances hereinafter set forth in accordance with the procedures set forth by the Statutes of the State of Illinois and this Chapter. The Board of Appeals shall recommend a proposed variation only after having made a written finding of fact based upon the standards hereinafter prescribed that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this Chapter, and only after conducting a public hearing thereon with prior notice as provided elsewhere in this Chapter.

The City Council, upon recommendation of the Board of Appeals, may grant or deny any variation or may refer it back to the Board of Appeals for further consideration. If the Council determines to grant the variation, it shall do so by adopting an ordinance to that effect.

Standards:

The Board of Appeals shall not vary the provisions of this Chapter as authorized in this Section, unless it shall have made findings based upon the evidence presented to it in each specific case:

That the property in questions cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located; or

That the plight of the owner is due to unique circumstances; or that the variation, if granted, will not alter the essential character of the locality.

For the purpose of supplementing the above standards, the Board of Appeals shall also, in making this determination as to whether there are practical difficulties or particular hardship, take into consideration the extent to which the following facts, favorable to the applicant, have been established by the evidence:

That the particular physical surroundings, shape or topographical conditions of the specific property involved would bring a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out; that the conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification; that the purpose of the variation is not based exclusively upon a desire to make more money out of the property; that the alleged difficulty or hardship has not been created by any person presently having an interest in the property;

That 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; or

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

The Board of Appeals may require such conditions and restriction upon the premises benefited by a variation as may be necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such variation upon other property in the neighborhood, and to implement the general purpose and intent of this Chapter.

A petition for a proposed amendment, special use, or Planned Unit Development, hereafter referred to as a proposal shall be filed initially in the office of the City Clerk.

A proposal from a source other than the Plan Commission, shall be forwarded from the City Council to the Plan Commission. The Plan Commission shall make a written report and recommendation to the City Council and the Zoning Board of Appeals within a period of 45 days after it receives the proposal, except when the petitioner requests a delay.

The Zoning Board of Appeals shall hold a Public Hearing on the proposal as soon as practicable, but no later than 45 days after its receipt of the Plan Commission recommendation. Notice of the time and place of the Public Hearing shall be published as required by the Zoning Division of the Illinois Municipal Code. A written report of its findings and recommendations shall be submitted to the City Council within 14 days of the Public Hearing.

The regulations imposed and the Districts created under the provisions of this Chapter may be amended, from time to time, by Ordinance, as provided in the Zoning Division of the Illinois Municipal Code; but no such amendment shall be made without a public hearing before the Board of Appeals which shall report its findings and recommendations to the City Council. Amendments may be proposed by the City Council, by the Plan commission, or by any resident or owner of property in the City.

The development and execution of the zoning provisions of this Chapter is based upon the division of the City into Districts, within any one of which the use of land and buildings, and the bulk and location of buildings or structures as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular Districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use or the particular location. Such special uses are categorized as follows:

Uses operated by a public agency or publicly regulated utilities or uses traditionally affected with a public interest.

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

Authorization: Special uses shall be acted upon by the City Council only after written reports are prepared and forwarded to the City Council by the Plan Commission and the Zoning Board of Appeals.

Standards: No special use shall be granted by the City Council unless:

A.

The establishment or maintenance of the special use shall not be detrimental to public health, safety or general welfare.

B.

The special use shall be located, designed, maintained and operated to be compatible with the existing or intended character of that zoning district.

C.

The special use shall not depreciate property values.

D.

The special use shall not be hazardous, detrimental or disturbing to present surrounding land uses due to noise, glare, smoke, dust, odor, fumes, water pollution, vibration, general unsightliness, electrical interference, or other nuisance.

E.

The special use shall generate only minimal vehicular traffic on local streets and shall not create traffic congestion, unsafe access, or parking needs that will cause inconvenience to the adjoining properties.

F.

The special use shall be served adequately by essential public services such as streets, police, fire protection, utilities, schools and parks.

G.

The special use shall not create excessive additional equipment at public cost for public facilities and services; and shall not be detrimental to the economic welfare of the City.

H.

The special use shall cause no adverse environmental effects; and

I.

The special use shall conform to the comprehensive plan.

Conditions: The Plan Commission and the Board of Appeals may recommend, and the City Council may provide, such conditions and restrictions upon the construction, location, and operation of a special use, including, but not limited to, provisions for off-street parking and loading, as may be deemed necessary to promote the general objectives of this Chapter, and to minimize the injury to the value of the property in the neighborhood.

The purpose of the Planned Unit Development is to permit:

A maximum choice in the types of environment available to the public by allowing a development that would not be possible under the strict application of the other Sections of this Chapter.

Permanent preservation of common open space and recreation areas and facilities.

A pattern of development to preserve natural vegetation, topographic and geologic features.

A creative approach to the use of land and related physical facilities that results in better development and design and the construction of aesthetic amenities.

An efficient use of the land resulting in more economic networks of utilities, street and other facilities.

A land use which promotes the public health, safety, comfort, morals and welfare.

The Planned Unit Development is intended to provide for developments incorporating a single type or a variety of related uses which are planned and developed as a unit. The Planned Unit Development should provide amenities not otherwise required by law and should establish facilities and open space greater than the minimums required by law.

Such development may consist of conventionally subdivided lots or provide for development by a land use and zoning plat which establishes the location and extent of the features of the Planned Unit Development in keeping with the purpose of the plan.

Authority and Procedure:

The corporate authorities of the City of Country Club Hills shall have authority to permit a Planned Unit Development as a special use in each of the zoning districts.

Prior to the filing of an application for approval of a Planned Unit Development, the developer may request of the corporate authorities an informal meeting to discuss the development of their land in conjunction with the Comprehensive Plan. Said meeting shall be a part of a regularly scheduled meeting, shall be open to the public, and included on the agenda in advance of the meeting. The Pre-application Conference is not mandatory and does not require formal application, fee, or filing of a Planned Unit Development plat.

Every application for a Planned Unit Development shall be verified by the owner or authorized agent of the owner of the property involved, and filed with the City Clerk.

Preliminary Plat:

Every such application shall be accompanied by a preliminary plat of the Planned Unit Development and a fee which shall be established by the corporate authorities. Such preliminary plat shall be drawn to scale, and with supporting documents shall set forth the following information:

The size, height, type and general location of buildings proposed for the development;

The means of ingress and egress;

The proposed circulation pattern within the area of the Planned Unit Development;

The location and description of public and private improvements proposed to be installed; parking and service area design;

The proposed recreation facilities and the parcels of land intended to be dedicated for public use or reserved for the use of all property owners within the development;

The gross density of residential uses;

A proposed schedule of stages of development; preliminary architectural plans and drawings for all primary buildings in sufficient detail to permit an understanding of the style and character of the development;

All items required by the City's Subdivision Code requirements for a preliminary plat.

The corporate authorities shall have the power to require the submission of additional feasibility reports or impact studies or other additional documents as they may deem necessary and the corporate authorities may impose such additional restrictions or conditions particularly applicable to such development and may grant or authorize the Planned Unit Development as a special use subject to such additional restrictions or conditions. The corporate authorities may further require, by appropriate covenants or other restrictions running with the land, the provisions of open space within the area of the Planned Unit Development which shall never be used for the construction of any building or structure and may otherwise require adequate arrangements to be made for the care and maintenance of such open space.

If the City Council approves the requested Planned Unit Development, it shall adopt an Ordinance specifying the special conditions and restrictions imposed upon the Planned Unit Development and shall include within said Ordinance the preliminary plat and supporting documents, if any, approved as part of the Planned Unit Development. The Planned Unit Development Ordinance shall further contain a legal description of the property subject to such Planned Unit Development and said ordinance without exhibits or supporting documents shall be recorded in the office of the Recorder of Deeds of Cook County.

Approval of a preliminary Planned Unit Development plat shall not constitute approval of the final plat. Rather it shall be deemed an expression of approval to the layout submitted on the preliminary plat as a guide to the preparation of the final plat which will be submitted for approval of the corporate authorities and subsequent recording upon the fulfillment of the requirements of those regulations and conditions of the preliminary approval, if any. The final plat shall be approved if it conforms substantially with the preliminary plat.

The preliminary and final plat may be filed and approved without a preliminary plat if all of the land is to be developed at one time, and if all requirements hereof are met.

No building permit shall be issued for any structure until the approval of the final plat.

Approval of Final Plat:

The final Planned Unit Development plat shall conform substantially to the preliminary plat as approved, and, if desired by the developer, it may be submitted in stages, with each stage reflecting the approved preliminary plat which is proposed to be recorded and developed; provided, however, that such portion conforms to all requirements of these regulations. The required procedure for approval of a final plat shall be:

A final Planned Unit Development plat and other supporting data required for approval shall be submitted to the corporate authorities.

Final plats and supporting data shall show in detail the design, location, and use of all buildings and overall land development as well as such additional information as the corporate authorities may require.

The corporate authorities, after receipt of the final plat and required supporting data, without further public hearing, shall approve or disapprove the final plat and, if approved, shall pass an ordinance allowing the issuance of all necessary permits to permit construction.

The Ordinance authorizing construction of the Planned Unit Development shall be effective only upon recording of the final Planned Unit Development plat with the County Recorder of Deeds. No permits, allowing construction of a building or other development, shall be granted until the required recording of the final plat, except for models, public improvements or recreational facilities which may be permitted by the City Council under such conditions as it may impose.

The Planned Unit Development project shall be developed only according to the approved and recorded Planned Unit Development Ordinance and final plat and any amendments thereto, and said Ordinance shall be binding on the applicants, their successors, grantees and assigns, and shall limit and control the use of premises (including the internal use of buildings and structures) and location of the structure in the Planned Unit Development project as set forth therein, notwithstanding the use, area, setback, height, yard and bulk requirements set forth in other Sections of this Chapter.

The final plat shall conform to the requirements of the Specifications for a Final Plat contained in the City's Subdivision Code.

Applicability of Subdivision Standards:

The corporate authorities in the Planned Development Ordinance may approve deviations from the standards and requirements of the Subdivision Control Ordinance, in harmony with the spirit and intent of the Planned Unit Development section. Except as modified in said Ordinance, each Planned Unit Development shall comply with all of the standards and requirements contained in the subdivision Ordinance for the City, and no building permits shall be issued by any governing official for the construction of any building, structure, or improvements to land or any lot within the Planned Unit Development, until all of the requirements of said Subdivision Control Ordinance have been met.

Amendments:

The corporate authorities may approve minor changes in the Planned Unit Development which do not change the concept or intent of the development. Major changes which alter the concept or intent of the Planned Unit Development may be approved by the corporate authorities only by the submission of a new application and by following the procedure for zoning amendments. All major changes to the Planned Unit Development Ordinance shall be recorded with the Recorder of Deeds as amendments to the Planned Unit Development, or reflected in the recording of a new corrected final plat.

Costs:

The cost incurred by the City for the review of plans and specifications by the City Engineer, the City Attorney or the City Planner shall be paid by the applicant or owner promptly upon demand. The City may require the developer to escrow the funds to pay such estimated costs or to enter into a contract guaranteeing such payment.

Standards for Planned Unit Developments:

The Planned Unit Development must meet the following standards:

Ownership and Size: The site of the Planned Unit Development must be under single ownership or unified control and be not less than 10 acres.

For purposes of this sub-paragraph, unified control shall exist where an individual, partnership, corporation, syndicate or trust comprised of owners of separate and contiguous tracts of land join together in a written agreement for purposes of developing their respective properties according to one integrated plan. A copy of any such agreement shall be furnished to the City. In the event ownership or unified control of any PUD is changed during the term of the PUD Agreement, the City shall be notified of such change by the original owner. Upon notification, the City shall request the Plan Commission to review the agreement pursuant to Section 3.13.07(F) of the Municipal Code.

This notification is not required if a change in ownership is the result of the sale of any fully developed parcel to an individual owner, firm, partnership or corporation.

Compatibility:

The uses permitted in a Planned Unit Development must be of a type and so located as to exercise no undue detrimental influence upon surrounding properties, and shall be compatible each with the other within said site.

Parking Requirements:

The individual uses permitted within the Planned Unit Development shall provide off-street parking in accordance with the provisions of this Chapter.

Setbacks on Boundaries:

The setbacks at the lot lines adjoining other properties shall not be less than the minimums specified for the adjacent properties, as provided under setback provisions of this Chapter. In the event that more than one zoning district adjoins the proposed development, the more restrictive setback provision shall prevail.

Traffic:

Adequate provisions shall be made to provide ingress and egress and shall be so designed as to minimize traffic congestion in the public streets.

General Design:

The Planned Unit Development shall not be so designed as to be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

Any application for an amendment, special use, or Planned Unit Development, filed by or on behalf of the owner or owners of the property affected shall be accompanied by a fee of $100.00. An application for an appeal or variation shall be accompanied by a fee of $20.00.