A.   Zoning Administrator: There is hereby created the office of the Director of Buildings and Zoning. The Director of Buildings and Zoning shall be the Zoning Administrator and shall be responsible for the enforcement of this Title and any amendments thereto; and in addition thereto and in furtherance of said authority, he shall receive applications required by this Title, issue permits and furnish the prescribed certificates. He shall examine premises for which permits have been issued and shall make necessary inspections to see that the provisions of this Title are complied with. He shall, when requested by the Mayor or City Council or when the interests of the Municipality so require, make investigations in connection with matters referred to in this Title and render written reports on the same. For the purpose of enforcing compliance with this Title, he shall issue such notices or orders as may be necessary; further, when required, he shall sign complaints for injunction, fine or other relief, including complaints in the form of citations similar to those used by the Police Department in traffic violation cases.

For carrying into effect its provisions, the Zoning Administrator may adopt rules consistent with this Title.

   B.   Health Officer: In addition to his other regular duties and authority, the duly appointed Health Officer of the City shall have the duty of enforcing compliance with this Title when violations hereof come to his knowledge. For the purpose of such enforcement, he shall issue notices or orders and sign complaints for injunction, fine or other relief, including complaints in the form of citations similar to those used by the Police Department in traffic violations cases. (Ord. 84-42-0, 11-14-1984)

   A.   Building Permits: No building or structure shall hereafter be erected or structurally altered until a building permit shall be issued by the Zoning Administrator stating that the building or structure and use of land comply with the regulations of the ordinance and all building and health laws and ordinances of the City.

All applications for building permits shall be accompanied by a plot plan, drawn to scale, showing the actual dimensions of the lot or lots to be built upon, the size of the building or structure to be erected or structurally altered, its location on the lot or lots in relation to adjoining streets and lot lines, location of well, septic tanks and seepage field, and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plot plans shall be kept in the office of the zoning administrator.

   B.   Certificate Of Compliance: No building or structure hereafter erected or structurally altered shall be occupied and used until a certificate of compliance has been issued by the zoning administrator. The certificate of compliance shall be issued only after the zoning administrator makes a finding that the building or structure has been erected or structurally altered in conformance with the provisions herein and other health and building laws and in accordance with a building permit.

Certificates of compliance shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection and alterations of such building have been satisfactorily completed. A record of all certificates shall be kept on file in the office of the zoning administrator and copies furnished on request to any person having a proprietary or tenancy interest in the building affected.

   C.   Certificate Of Continued Occupancy Of Nonconforming Uses: Certificates for the continued occupancy of nonconforming uses, existing at the time of passage of this title, or made nonconforming by the ordinance, shall state that the use is a nonconforming one and does not conform with the provisions of this title. The zoning administrator shall notify the owners of the property being used as a nonconforming use and shall furnish said owner with a certificate of occupancy for such nonconforming use.

   D.   Use Permit: No change shall be made in the use of a building or part thereof now or hereafter erected or structurally altered, or in the use of land now or hereafter occupied, without a use permit having first been issued by the zoning administrator. No such use permit shall be issued to make such changes unless it is in conformity with the provisions herein and amendments hereto, hereafter duly enacted.

   E.   Continuance Of Existing Uses: Nothing herein shall prevent the continuance of the present lawful occupancy or lawful use of any existing building or zoning lot, except as may be necessary for the safety of life and property and except as provided herein. (Ord. 80-2-0, 12-1979)

There is established the city of Countryside plan commission- zoning board that shall replace the plan commission and the zoning board of appeals, both of which are hereby abolished, and assume all of the duties and powers vested in those two (2) entities as of April 8, 1998, and such other duties and powers as the city council from time to time delegates to it.

   A.   The plan commission-zoning board shall consist of nine (9) commissioners. The commissioners shall be appointed by the mayor with the advice and consent of the aldermen.

   B.   Notwithstanding the foregoing subsection A of this section, each member of the plan commission and of the zoning board of appeals as of April 8, 1998, shall hereafter be a plan commission-zoning board commissioner and his term of office shall continue unaffected by his change of office.

   C.   No new members shall be appointed to the plan commission- zoning board until its membership shall be reduced to fewer than nine (9) at which time the mayor and aldermen will appoint the number necessary to bring the membership to its full regular complement of nine (9).

   D.   All meetings shall be conducted by a chairman, chosen by the mayor with the consent of the aldermen, and who may be removed for any reason by the mayor. The chairman shall be the chief executive officer and shall sign all official orders, funding, decisions, and other documents of the commission.

   E.   The commission may choose such other officers as it from time to time determines necessary.

   F.   Commissioners may be compensated as the city council from time to time deems appropriate.

   G.   The commissioners may adopt their own rules of procedure, a copy of which shall be filed in the office of the city clerk, along with all plan commission-zoning board recommendations. (Ord. 98-15-0, 4-8-1998; amd. Ord. 12-33-0, 4-25-2012; Ord. 19-13-0, 6-19-2019)

   A.   All meetings of the Plan Commission-Zoning Board shall be held at the call of the chairman and at such other times as the Plan Commission-Zoning Board may determine. There shall be at least fifteen (15) days', but not more than thirty (30) days', notice of the time and place of any hearings required to be held by the Plan Commission-Zoning Board published in a paper of general circulation in the City; said notice shall contain a statement of the particular purposes of such hearing and, when applicable, a brief description of the location of the property or properties under consideration at such hearing.

   B.   All meetings of the Plan Commission-Zoning Board shall be open to the public.

   C.   The Plan Commission-Zoning Board 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 decision or recommendation on each case, and the reasons for granting or denying each application shall be specified. Every rule and regulation and every order, requirement, decision or determination of the Plan Commission-Zoning Board shall immediately be filed in the office of the City Clerk and shall be a public record. The minutes of the Plan Commission- Zoning Board shall be open to public examination at reasonable hours.

   D.   Expenses incurred by the Plan Commission-Zoning Board shall be itemized and shall be borne by the City.

   E.   In considering all appeals and all proposed variations from this Title, the Plan Commission-Zoning Board shall, before recommending that the City Council grant any such variation in a specific case, first determine and make a finding of fact that the proposed variation will not:

      1.   Impair an adequate supply of light and air to adjacent property;

      2.   Unreasonably increase the congestion in public streets;

      3.   Increase the danger of fire or endanger the public safety;

      4.   Unreasonably diminish or impair established property values within the surrounding area;

      5.   Merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship or difficulty; or in any other aspect impair the public health, safety, comfort, morals and welfare of the inhabitants of the City. (Ord. 98-15-0, 4-8-1998)

   A.   Right To Appeal: Any person aggrieved by a ruling of the Zoning Administrator or other officer charged with the enforcement of this Title or by any officer, department, board or bureau of the City concerning the interpretation of this Title, may take an appeal to the Plan Commission-Zoning Board.

   B.   Hearing: The Plan Commission-Zoning Board shall fix a reasonable time and place for the hearing of appeals and shall give notice thereof to the persons appealing and to the officer from whom the appeal is taken. It shall hear the appeal within a reasonable time. At the hearing, parties in interest may appear in person or by agent or attorney.

   C.   Notice Of Appeal: Such appeal shall be commenced by filing with the City Clerk a notice of appeal specifying the ground thereof, together with such plats and exhibits as are reasonably necessary. Such appeal shall be taken upon forms provided by the Plan Commission-Zoning Board. The City Clerk shall forthwith transmit to the Commission all of the papers constituting the record upon which the action appealed was taken.

   D.   Appeals And Review: The Plan Commission-Zoning Board shall hear appeals from and may review any order, requirement, decision or determination made by the Zoning Administrator or other officer charged with the enforcement of this Title.

   E.   Action Of Commission:

      1.   The Plan Commission-Zoning Board may reverse or affirm, in whole or in part, or may modify or amend the order, requirement, decision or determination;

      2.   The Plan Commission-Zoning Board may reverse or affirm, in whole or in part, or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that said Commission may decide to be fitting and proper in the premises, and to that end said Commission shall also have all the powers of the officer from whom the appeal is taken;

      3.   The concurring vote of six (6) members of the Plan Commission-Zoning Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator or other officer or to decide in favor of the applicant on any matter upon which it is authorized by this Title to render decisions. (Ord. 98-15-0, 4-8-1998)

A variation is that power authorized by the State act 1 to permit municipalities to vary the requirements of the Zoning Ordinance. Variations should be granted solely to provide relief under unusual considerations and only when in harmony with the general intent and purpose of this Title. (Ord. 80-2-0, 12-1979)

In making its determination as to whether there is unnecessary hardship, the Plan Commission-Zoning Board shall take into consideration the extent to which the following conditions, all favorable to the applicant or appellant, have been established by the evidence: (Ord. 98-15-0, 4-8-1998)

   A.   That the particular physical surroundings, shape or topographical condition of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience or loss of revenue if the strict letter of the regulations were carried out;

   B.   That the conditions upon which the requested variation is based would not be applicable generally to other properties within the same zoning classification;

   C.   That the alleged difficulty or hardship has not been created by any person presently having an interest in the property;

   D.   That the granting of the variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;

   E.   That 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; and

   F.   That the proposed variation complies with the spirit and intent of the restrictions imposed by this Title. (Ord. 80-2-0, 12-1979)

   A.   Variations from the regulations of this Title shall be granted by the Plan Commission-Zoning Board only in accordance with the standards set forth in this Title, and may be granted in the following instances only and in no others: (Ord. 98-15-0, 4-8-1998)

      1.   To permit the extension of a district to include an entire lot where the boundary line of the district divides a lot of record on the effective date of this Title;

      2.   To permit any yard of less dimension than required by the applicable regulations;

      3.   To permit any building or structure to exceed the lot coverage limitations imposed by the applicable regulations;

      4.   To permit the use of a lot for a use otherwise prohibited solely because of the insufficient area of the lot, but in no event shall the area of the lot be less than seventy five percent (75%) of the required lot area;

      5.   To reduce the applicable off-street parking and loading facilities required by not more than one parking space or loading berth, or twenty percent (20%) of the required number, whichever is greater;

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

      7.   To permit the same off-street parking facilities to qualify as a required facility for two (2) or more uses, provided the substantial use of such facility by each user does not take place at approximately the same hours of the same day of the week. (Ord. 80-2-0, 12-1979)

   B.   Other Variations: Variations other than those listed above may be granted by the city council, but only after a public hearing as set forth herein for an authorized variation, and a report from the plan commission-zoning board recommending the variation. The concurring vote of the city council shall be necessary to reverse the recommendation of the plan commission-zoning board. (Ord. 03-02-0, 1-8-2003)

An application for a variation of the regulations of this title may be made by a property owner or his agent to the plan commission-zoning board. Such applications shall be made in writing, stating the variation requested, the location of the property for which the variation is requested, name of the property owner, and cause for the requested variation. (Ord. 98-15-0, 4-8-1998)

   A.   Notice And Posting Of Sign: The plan commission-zoning board shall fix a reasonable time and place for the public hearing and shall give notice of the time and place of the public hearing, published at least once, not more than thirty (30) days and not less than fifteen (15) days before the hearing, 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 in the city. In addition, within the same time period required herein for published notice, the zoning administrator shall cause to be posted upon the premises which will be the subject of such hearing a sign bearing the following words:

Said sign shall be placed in a location calculated to be seen by the largest number of persons possible. However, the zoning administrator shall have the sole discretion with regard to such location, and the fact that such notice was not seen by any particular individual shall not be the basis for reversing any decision of the plan commission-zoning board with regard to an authorized variation. The decision of the plan commission-zoning board granting or denying an authorized variation shall be final, subject to the provisions of the administrative review act.

   B.   Decisions On Variations: The concurring vote of six (6) members of the plan commission-zoning board shall be necessary to grant a variation.

   C.   Exception To Notice Requirements, Minimal Side Or Rear Yard Residential Setback Variations: In any case where a property owner applies for a side or rear yard setback variation of twelve inches (12") or less for any residential zoning lot, such application may be received and heard by the plan commission-zoning board without charge and without publication and posting of notice, as required by subsection A of this section, provided such application is accompanied by written consents to such variation signed by the owners of record of each parcel of property having a common boundary line with the real estate for which the variation is sought. (Ord. 98-15-0, 4-8-1998)

   A.   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 uses fall into two (2) categories:

      1.   Uses publicly operated or traditionally affected with a public interest;

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

   B.   Initiation Of Special Use: Any person 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 provided for in this title in the zoning district in which the land is situated.

   C.   Application For Special Use: An application for a special use shall be filed with the zoning administrator upon a form prescribed by said zoning administrator. The application shall be accompanied by such plans and/or data prescribed by the zoning administrator and shall include a statement in writing by the applicant and adequate evidence showing that the proposed use variation will conform to the standards set forth herein. (Ord. 80-2-0, 12-1979)

   D.   Hearings On Application And Notice: Upon receipt, in proper form, of the application and statement referred to in subsection C of this section, the plan commission-zoning board shall fix a reasonable time and place for the public hearing and shall give notice of the time and place of the public hearing, published at least once, not more than thirty (30) days and not less than fifteen (15) days before the hearing, in one or more newspapers published within the city, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the city. In addition, within the same time period required herein for published notice, the zoning administrator shall cause to be posted upon the premises which will be the subject of such hearing a sign bearing the following words:

Said sign shall be placed in a location calculated to be seen by the largest number of persons possible. However, the zoning administrator shall have sole discretion with regard to such location, and the fact that such notice was not seen by any particular individual shall not be the basis for reversing any decision of the plan commission-zoning board with regard to a requested variation. The decision of the plan commission-zoning board granting or denying a variation shall be final, subject to the provisions of the administrative review act. (Ord. 98-15-0, 4-8-1998)

   E.   Authorization: For each application for a special use variation, the plan commission-zoning board shall report to the city council its findings and recommendations, including the stipulations or additional conditions and guarantees that such conditions will be complied with when they are deemed necessary to the protection of the public interest. The city council may grant or deny any application for a use variation; provided, however, that when the plan commission-zoning board recommends denial of an application, the city council may approve the application only by a favorable vote of the city council. (Ord. 03-02-0, 1-8-2003)

   F.   Standards: No special use variation shall be recommended by the plan commission-zoning board unless said plan commission- zoning board shall find: (Ord. 98-15-0, 4-8-1998)

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

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

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

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

      5.   That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets; (Ord. 80-2-0, 12-1979)

      6.   That the 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-zoning board. (Ord. 98-15-0, 4-8-1998)

Prior to the granting of any special use variation, the plan commission-zoning board may recommend and the city council shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use variation as deemed necessary for the protecting of the public interest and to secure compliance with the standards and requirements specified herein. In all cases in which special use variations are granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. (Ord. 98-15-0, 4-8-1998)

No application for a special use variation which has been denied in whole or in part by the City Council shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the Plan Commission-Zoning Board and the City Council. (Ord. 98-15-0, 4-8-1998)

In any case where a special use variation has not been established within one year after the date of granting thereof, then without further action by the Plan Commission- Zoning Board or the City Council, the special use variation authorization shall be null and void. (Ord. 98-15-0, 4-8-1998)

   A.   No order for a use variation permitting the erection or alteration of a building shall be valid for a period longer than six (6) months unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.

   B.   No order for a use variation permitting a use of a building or premises shall be valid for a period longer than six (6) months unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit. (Ord. 80-2-0, 12-1979)

The continuous nonuse of a special use variation for a period of six (6) months or more shall constitute abandonment thereof, and the activity permitted by such use may not again be reestablished without issuance of a new special use permit pursuant to the procedures established therefor. (Ord. 93-44-0, 12-8-1993)

Applications for fence variations for corner lot properties shall be reviewed and decided in accordance with the following procedure:

   A.   Notice and Opportunity to Comment: Upon receipt of a completed application for a corner lot fence variation, the City may provide notice, through use of a third party service, by first class mail to all owners of property located within a two hundred fifty (250) foot radius of the subject property, inclusive of public streets, alleys and other public ways whose addresses appear on the current tax assessment list as provided by the City. The applicant must pay any and all fees and postage associated with mailing such notice pursuant to this Section. The City reserves the right to provide the aforementioned notice by first class mail or certified mail where the Zoning Administrator finds it necessary. The notice shall indicate that the application shall be available for review and submittal of written comments thereon ten (10) working days prior to the Zoning Administrator’s determination.

   B.   Zoning Administrator’s Decision: Within twenty (20) working days of receipt of a completed application for a corner lot fence variation, the Zoning Administrator shall, by written order, either approve, approve with conditions, or deny the requested corner lot fence variation.

   C.   Notification of Decision: The City shall send the Zoning Administrator’s decision within twenty (20) working days to the applicant and all other persons previously notified pursuant to Subsection (A) of this Section.

   D.   Records: A record of all applications for corner lot fence variations shall be kept on file in the office of the Zoning Administrator. At least once a year, the Zoning Administrator shall make public a listing of his decisions, by address, regarding the applications for corner lot fence variations.

   E.   Appeal: The applicant or an adjacent property owner may appeal the decision of the Zoning Administrator to the Plan Commission-Zoning Board of Appeals within ten (10) working days of the Zoning Administrator’s date of mailing of notification. (Ord. 20-12-O, 5-13-2020; amd. Ord. 22-09-O, 1-26-2022)

(Ord. 98-15-0, 4-8-1998)

An application for relief from the requirements of this Title to the Plan Commission-Zoning Board such as, but not limited to, a Zoning Code amendment, special use permit, zoning variation or appeal from a decision of the Zoning Administrator, shall be made and processed in accordance with the following procedures:

   A.   Application To Be Filed With City Clerk: All applications for relief from the Plan Commission-Zoning Board shall be filed in the office of the City Clerk of the City of Countryside during normal business hours, and shall be accompanied by all required supporting documents and by the required nonrefundable filing fee. (Ord. 98-15-0, 4-8-1998)

   B.   Review By Zoning Administrator/Building Commissioner: Upon receipt of an application, which is in apparent conformity with all of the requirements of this Zoning Ordinance, all supporting documents and the required fee, the City Clerk's office shall refer the application to the Zoning Administrator/Building Commissioner who, within twenty four (24) hours from receipt of such application, Saturdays, Sundays and holidays excepted, shall examine the same, note his or her approval or disapproval thereon and return such application to the office of the City Clerk.

In all cases, when the Zoning Administrator/Building Commissioner disapproves an application, he shall note on the face thereof or upon any other sheet attached thereto "REJECTED" and the reasons for such rejection. However, approval or rejection by the Zoning Administrator/Building Commissioner shall be only for the purpose of informing the office of the City Clerk whether the application appears to be in conformity with all application requirements of the Zoning Ordinance; approval shall not be construed as a recommendation that the relief requested should be allowed, and it shall not be construed as curing any defect which may later be found in the application. Approval by the zoning administrator/building commissioner shall not relieve the applicant of the responsibility of meeting all application requirements, and the city shall not be liable for errors or omissions on the part of the zoning administrator/building commissioner in approving or rejecting any application, nor shall it be estopped from enforcing any provision of the zoning ordinance or other ordinance of the city, notwithstanding erroneous approval of such application by the zoning administrator/building commissioner. (Ord. 84-4-0, 2-8-1984)

   C.   Applications: Applications shall be on forms prescribed from time to time by the city and supplied by the city clerk's office. Each application shall contain information and be accompanied by such supporting documents as are required from time to time by the city, including, but not limited to, those prescribed in section 10-12-4, "Variations", and subsection 10-12-4-6C, "Application For Special Use", of this chapter, when appropriate.

In addition, and subject to the exceptions hereafter stated, in all cases where the zoning relief applied for will involve new building construction or an addition to existing construction, excavation or other activity that will materially affect existing contours of land, the applicant shall submit as a part of his application a preliminary drainage plan showing all existing land features and applicant's proposed system for storm water management, including approximate size and location of storm water discharge and location of detention facilities where required. All preliminary drainage plans shall conform with all applicable governmental storm water requirements. Each such preliminary drainage plan shall be transmitted by the clerk's office to the city engineer for his determination that the preliminary drainage plan complies with all city and other applicable regulations. If the preliminary drainage plan is not in conformity with any applicable regulations of the city or other governmental agency, or if in the opinion of the city engineer the proposed drainage plan would cause flooding or other hazard to, or be otherwise detrimental to, the subject premises or any adjoining or surrounding land, the preliminary drainage plan shall be revised as required to conform with such applicable regulations or to otherwise be in accordance with the direction of the city engineer. No application shall be placed on the agenda of the plan commission-zoning board for hearing unless and until it is approved by the city engineer.

In all cases where a preliminary drainage plan is required, the cost of the city engineer's review shall be paid by the applicant at the time the application is submitted, and no application shall be accepted without such payment.

The above requirements for a preliminary drainage plan shall not apply when application for zoning relief involves construction of a single-family residence, an addition to a single-family residence, or does not otherwise involve an excavation or other material disturbance of existing contours of land. (Ord. 04-40-0, 10-27-2004)

   D.   Hearing Set By City Clerk: Upon return of an application from the zoning administrator/building commissioner bearing his or her approval, the city clerk's office shall schedule a hearing on the application at the earliest possible regular meeting of the plan commission-zoning board giving consideration to the time necessary for preparation of the required notice for hearing, transmission of the notice to a newspaper for publication, and the number of days which must expire between publication of the notice and the hearing.

In addition, the city clerk's office shall notify the chairman and each member of the plan commission-zoning board of the hearing date by mailing or delivering to him or her a copy of the notice of hearing to be published and a copy of the application which is to be considered. The city clerk's office shall also notify the applicant of the date, time and place of the hearing by mail sent to his or her address which appears on the application. (Ord. 98-15-0, 4-8-1998; amd. Ord. 04-40-0, 10-27-2004)

   E.   Rejected Applications: If the city clerk's office receives an application which has been rejected by the zoning administrator/building commissioner, the clerk's office shall forthwith return the application, along with all supporting documents, either by personal delivery or by mailing to the applicant at his or her address which appears on the application.

   F.   Amended Applications: The applicant whose application has been rejected may cure such defect or defects which caused the rejection and refile the same with the city clerk's office. The city clerk's office shall then proceed to process the application in the same manner as an original application.

No amended application which is rejected shall again be refiled. However, the applicant may file a new application, for the same relief as requested in the original application, upon the applicant paying the filing fee due for an original application. (Ord. 84-4-0, 2-8-1984; amd. Ord. 04-40-0, 10-27-2004)

The appeal shall stay all proceedings in furtherance of the action appealed from unless the zoning administrator certifies to the plan commission-zoning board, after notice of appeal has been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property; in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the plan commission- zoning board or by a court of record on application, with notice to the officer from whom the appeal is taken and all due causes shown. (Ord. 98-15-0, 4-8-1998)

All final administrative decisions of the board under this chapter shall be subject to judicial review pursuant to the provisions of the administrative review act of the state 1 . (Ord. 80-2-0, 12-1979)

   A.   Petition For Amendment: The city council, the plan commission-zoning board and other governmental bodies and any private petitioner may apply for an amendment to the text herein and in the accompanying zoning map made a part hereof. Any petition for an amendment by a private party shall be accompanied by a filing fee as established by the city council, which fee shall be deposited with the city and no part shall be returnable to the petitioner.

The petition for amendment shall state the property location for which the amendment is requested, the name of the property owner and a statement describing the amendment requested.

   B.   Review Of Petition: The regulations imposed and the zoning districts created hereunder may be amended by ordinance, but no such amendment shall be made by the city council without public notice and without a public hearing before the plan commission-zoning board. The plan commission-zoning board shall hold the public hearing and forward its recommendations to the city council within sixty (60) days of the date the petition was submitted to the plan commission-zoning board, unless it is withdrawn by the petitioner.

   C.   Notice Of Public Hearing: The plan commission shall publish notice of public hearing on petitioner's application in accordance with the provisions of the Illinois municipal code. In addition, within the same time period required herein for published notice, the zoning administrator shall cause to be posted upon the premises which will be the subject of such hearing a sign bearing the following words:

Said sign shall be placed in a location calculated to be seen by the largest number of persons possible. However, the zoning administrator shall have sole discretion with regard to such location, and the fact that such notice was not seen by any particular individual shall not be the basis for reversing any decision of the plan commission-zoning board with regard to the amendment. (Ord. 98-15-0, 4-8-1998)

   D.   Written Notification: For all applications requiring plan commission-zoning board of appeals public hearings, except applications for zoning code text amendments, the applicant, his agent or attorney, shall notify each property owner of record of each parcel of real estate within six hundred feet (600') in all directions of commercial, office or industrial subject property, exclusive of roads, alleys, streets, and other public rights of way and within three hundred feet (300') in all directions of residential subject property, exclusive of roads, alleys, streets and other public rights of way. Except, however, it shall not be necessary to notify the owner of record of each condominium unit within the prescribed distances, but in lieu thereof such notification shall be given to the condominium owners' association of which such condominiums are a part. (Ord. 04-11-0, 2-25-2004)

      1.   Each notice shall be personally delivered or mailed certified mail, return receipt requested, no less than fifteen (15) days and no more than thirty (30) days before the hearing date.

      2.   The contents of the letter shall be the same as the newspaper published notice of hearing and shall be approved by the zoning administrator.

      3.   An exemplar copy of the notice, all return receipts and certificates of service of notice, and a map or list of addresses where the letters were sent shall be filed with the city zoning administrator prior to the hearing date.

      4.   The list of property owners shall be obtained from the records of the Cook County recorder of deeds.

      5.   If the city zoning administrator finds that petitioner has not complied with the requirements of this section, the hearing shall be continued until compliance is had. (Ord. 99-13-0, 3-10-1999)

   E.   Reversion: Any change in zoning classification granted for the purpose of permitting the construction of a new improvement, alteration of an existing improvement, or change of use of vacant land or an existing improvement, shall be subject to reversion to its prior classification, by ordinance of the city council, if the purpose for which said zoning change was granted is not commenced within six (6) months of the effective date of said zoning change. For the purpose hereof, use shall be commenced when a building permit is issued, or, in a case where no building permit is required, when a business license is issued. The city council shall have the power to adopt such a reversionary ordinance without public hearing and without notice to the owners of the subject real estate, provided that such authority is expressly set forth as a term and condition within the ordinance granting the original rezoning classification. (Ord. 89-01-0, 1-11-1989)

In interpreting and applying the provisions herein, they shall be held to be minimum requirements for the promotion of the safety, health, convenience, comfort, prosperity and general welfare. It is not intended by this title to interfere with, abrogate, annul or repeal any ordinances, rules or regulations previously adopted, and not in conflict with any of the provisions herein or which shall be adopted, pursuant to law relating to the use of buildings or premises, nor is it intended to interfere with or abrogate or annul any easements, covenants or other agreements between parties, except that where this title imposes a greater restriction upon the use of land, buildings or premises or upon the height of buildings or requires larger open spaces than are imposed or required by such other ordinances or such other easements, covenants or agreements, the provisions herein shall control. (Ord. 80-2-0, 12-1979)

Fees pertaining to petitions for zoning amendments, use permits, certificates of compliance, variations and for appeals, or any other relief from this title, to the plan commission-zoning board shall be established by action of the city council from time to time. Such fees, along with any other charges, including publication costs, shall be paid prior to hearings or other actions on such petitions to the city clerk who shall give a receipt therefor and account for same at regular intervals to the city council. (Ord. 98-15-0, 4-8-1998)