Diamond City Zoning Code
ADMINISTRATION
§ 151.200 ORGANIZATION.
The administration of this chapter is vested in the following offices of the village:
(A) Zoning Administrator;
(B) Planning and Zoning Commission; and
(C) Village Board.
(Ord. 2015-08, § 14.01, passed 6-23-2015)
§ 151.201 ZONING ADMINISTRATOR.
The Zoning Administrator and his or her authorized organizational personnel shall administer and enforce this chapter, and in addition thereto and in furtherance of said authority, shall:
(A) Issue all zoning certificates and make and maintain records thereof;
(B) Issue “temporary permits” authorized by this chapter;
(C) Conduct inspections of buildings, structures, and land to determine compliance with this chapter, and notify in writing the person responsible for any violation found, indicating the nature of the violation and ordering the action necessary to correct it;
(D) Order the discontinuance of illegal use of land, buildings, or structures; the removal of illegal buildings or structures or of illegal additions, or structural changes, or shall take any other action authorized by state law or by this chapter to ensure compliance with or to prevent violation of its provisions;
(E) Maintain permanent and current records of this chapter, including, but not limited to all maps, amendments, special use permits, planned unit developments, variations, appeals, applications, and records of hearings and decisions;
(F) Advise all persons seeking zoning information relating to the official plans of the village;
(G) Provide and maintain a source of public information relative to all matters arising out of this chapter;
(H) Receive, file, and forward to the Planning and Zoning Commission and Village Board, as applicable, all applications for amendments, special use permits, planned unit developments, and other matters on which the Planning and Zoning Commission or Village Board is required to pass under this chapter;
(I) Provide and maintain a public information bureau relative to all matters arising out of a comprehensive amendment;
(J) Review all property which has been the subject of legal action invalidating the decision of the Village Board on such matters and note such legal action directly upon the village’s Zoning Map;
(K) Initiate, direct, and review, from time to time, a study of the provisions of this chapter and make recommendations as such study requires;
(L) Keep the Village Board advised of zoning activities; and
(M) Decide or make recommendations on all matters under this chapter upon which the Zoning Administrator is required to act.
(Ord. 2015-08, § 14.02, passed 6-23-2015)
§ 151.202 PLANNING AND ZONING COMMISSION.
(A) Creation and membership.
(1) The Village Planning and Zoning Commission shall consist of 5 members who are residents of the village and who will serve respectively for staggered terms of 4 years. The term of office for each Commissioner shall begin on May 1 of the year of appointment and shall conclude on April 30 of the year the term of appointment concludes or thereafter until his or her successor is duly appointed and qualified.
(2) The Mayor of the village shall appoint all members of the Village Planning and Zoning Commission with the advice and consent of the Village Board. The Mayor shall annually appoint the
Chair of the Commission. The Chair shall serve from May 1 to April 30 or thereafter until the Chair successor is appointed.
(B) Jurisdiction. The Planning and Zoning Commission is hereby vested with the following jurisdiction and authority:
(1) To hear appeals from and review any order, requirement, decision or determination made by the Zoning Administration charged with the enforcement of this chapter;
(2) To conduct public hearings on and make recommendations to the Village Board on applications for variation, special use, amendment, and planned unit development in the manner prescribed by and subject to the standards established in this chapter;
(3) Receive from the Zoning Administrator the recommendations as to the effectiveness of this chapter and report its conclusions and recommendations to the Village Board; and
(4) To hear and decide all matters referred to it or upon which it is required to pass under this chapter, or prescribed by the applicable provisions of the Illinois Municipal Code.
(C) Meetings and rules.
(1) All meetings of the Planning and Zoning Commission shall be held at the call of the Chair and at such times as the Planning and Zoning Commission shall determine.
(2) A public hearing shall be conducted by the necessary quorum of the Commission. A quorum shall consist of 3 members.
(3) Except as otherwise provided herein, the Planning and Zoning Commission shall adopt its own rules of procedure provided such rules are in compliance with the Illinois Municipal Code.
(4) Any person may appear and testify at a hearing, either in person or by a duly authorized agent or attorney.
(5) The Chair, or in his or her absence, the Acting Chair, may administer oaths and compel the attendance of witnesses.
(6) The Secretary shall keep minutes of the Planning and Zoning Commission proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall also keep records of its meetings and other official action. A copy of every rule or regulation, amendment, order, requirement, decision or determination of the Planning and Zoning Commission shall be filed immediately with the Zoning Administrator. The Planning and Zoning Commission may adopt other rules and regulations of procedure not in conflict with this chapter or the Illinois Municipal Code.
(7) Before an application may be filed with and officially accepted by the Zoning Administrator, the applicant must insure that the application is complete and that it includes the following documentation:
(a) Evidence that the applicant is the owner of record of the property in question. If the owner is represented by an agent other than an attorney, the owner must supply a notarized statement naming the agent and indicting that said agent is acting on the owner’s behalf.
(b) Evidence that the property described in the application is a legally recorded “lot of record.”
(c) A single plat of survey which encompasses the entire property subject to an application for a map amendment, special use permit, or variance, prepared by a State of Illinois registered land surveyor, showing the property boundaries and the location of any existing or proposed structures on the property. The plat of survey shall be submitted on paper having dimensions not larger than 11 inches by 17 inches. Submission of an electronic copy of the plat of survey in PDF format is also required.
(d) Permitting approval or necessary corrective action indicated by the County Health Department.
(e) Permitting approval or necessary corrective action indicated by the appropriate public roadway authorities or proof that the reviews required had not been completed within 30 days of the applicant’s request.
(f) Review approval or necessary corrective action indicated by the appropriate fire protective district, in whose primary jurisdiction the property is located, when the application involves a multi-family dwelling, residential subdivision development, commercial or industrial property, any planned unit development (PUD), or any division of land which will create 2 or more new principal uses of land.
(g) Review and comment from the Claypool Drainage District.
(h) Eight copies of such application and supporting documentation shall accompany the original application.
(D) Public hearings and notice requirements. The following provisions shall apply to public hearings required by this chapter in addition to any other specific provisions set forth in this chapter:
(1) When the provisions of this chapter require a public hearing, the village shall, upon receipt of a properly completed application, petition, or notice, fix a reasonable time and place for such hearing or meeting. Except as otherwise set forth herein, such hearing or meeting shall be commenced no later than 60 days, and shall be concluded no later than 120 days, following the submission of the subject application, or petition, unless the hearing or meeting agenda of the Planning and Zoning Commission is completely committed during that time.
(2) All hearings shall be open to the public and shall be held before the Planning and Zoning Commission.
(3) The Planning and Zoning Commission public hearing notice shall contain a description of the subject matter to be heard or considered at the hearing, a description of the requested action, the address or particular location of the subject development, and the time, place, and date of the hearing. The notice shall also contain a reference to the particular sections of this chapter involved.
(4) The applicant shall give notice of the public hearing by mail or personal delivery to the owners of all properties within 250 feet, excluding road right-of-way, of the property which is the subject of the application. Such notice shall be mailed no fewer than 14 days in advance of the hearing and shall be sent certified mail marked return receipt requested, except as otherwise specifically provided in this chapter. Supplemental or additional notices may be required by the Planning and Zoning Commission. Proof of mailing shall be sufficient evidence of notice.
(5) The village shall publish notice of the public hearing at least once, not more than 30 days nor less than 15 days before the date for the hearing, in a newspaper of general circulation in the village.
(6) Any interested person may appear and testify at a public hearing, either in person or by a duly authorized agent or attorney, and may submit documentary evidence; provided, however, that the Planning and Zoning Commission may exclude irrelevant, immaterial, or unduly repetitious evidence.
(7) (a) Subject to the discretion of the Planning and Zoning Commission, the applicant or petitioner, or any other party to the hearing, may be allowed any or all of the following rights:
1. To present witnesses on their behalf;
2. To cross-examine all witnesses testifying in opposition to the application, petition, or appeal;
3. To examine and reproduce any documents produced at the hearing; and/or
4. To a continuance, upon request, for the purpose of presenting evidence to rebut evidence introduced by any other person.
(b) In determining whether to grant or withhold such rights, the discretion of the Planning and Zoning Commission shall be governed by the goal of securing all information and opinions relevant and material to its deliberations. Such rights shall not be granted, however, when undue and unwarranted delay would result or when to do so would tend to produce no new evidence to aid the Planning and Zoning Commission in reaching its decision.
(8) The Planning and Zoning Commission may at any time, on its own motion or at the request of any person, adjourn the hearing for a reasonable time and to a fixed date, time, and place, for the purpose of giving further notice, taking further evidence, gathering further information, deliberating further, or for such other reason as the Planning and Zoning Commission may find sufficient. Proper notice of such a recess shall be given to all parties to the hearing, and any other person designated by the Planning and Zoning Commission.
(9) All testimony at every hearing shall be given under oath.
(10) Any person may at any time prior to the commencement of a hearing hereunder, or during such hearing, submit written statements in support of or in opposition to the application, petition, or appeal being heard.
(11) All other matters pertaining to the conduct of hearings shall be governed by the provisions of this chapter pertaining to the rules promulgated by the Planning and Zoning Commission.
(12) The record of the public meeting shall include:
(a) All notices and responses thereto;
(b) A transcript or notes, if any, of all oral testimony received, and all written information, if any, submitted by parties or the public;
(c) Any recommendation or report by the hearing body; and
(d) All memoranda or data submitted to the Planning and Zoning Commission in connection with its consideration of the subject matter of the hearing.
(13) The decision or recommendation of the Planning and Zoning Commission shall be in writing and shall include findings of fact stating the reasons for the decision. A copy of the written decision shall be provided to the applicant or petitioner and transmitted to the Village Board. The written decision may be in the form of minutes from the Planning and Zoning Commission proceedings provided such minutes have been approved by the Planning and Zoning Commission.
(Ord. 2015-08, § 14.03, passed 6-23-2015)
§ 151.203 ZONING CERTIFICATES.
(A) No building permit shall be issued by the village for the construction of a building, structure or land improvement or an alteration or enlargement of an existing building, structure or land improvement and the uses thereof, until the Zoning Administrator certifies in such permit that the application conforms with the regulations of this chapter.
(B) When a permit is not required by the village for an improvement but an application for a zoning certificate for its use is filed with the village, a zoning certificate shall be issued only when the application shows conformance with the regulations of this chapter.
(C) All applications for building permits or zoning certificates shall be accompanied by a plat in duplicate, 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 and such other information as may be necessary to provide for the enforcement of these regulations. A careful record of such applications and plats shall be kept in the office of the Zoning Administrator. The Zoning Administrator shall in writing approve or disapprove all building permits or zoning certificates within 30 days after submission thereof; failure to act shall be deemed approval thereof.
(Ord. 2015-08, § 14.04, passed 6-23-2015)
§ 151.204 CERTIFICATE OF OCCUPANCY.
(A) No building or addition thereto, constructed after the effective date of this chapter, and no addition to a previous existing building shall be occupied and no land vacant on the effective date of this chapter shall be used for any purpose, until a certificate of occupancy has been issued by the Zoning Administrator. No change in a use in any district shall be made until a certificate of occupancy has been issued by the Zoning Administrator. Every certificate of occupancy shall state that the use or occupancy complies with all the provisions of this chapter.
(B) Every application for a building permit shall also be deemed to be an application for a certificate of occupancy. Every application for a certificate of occupancy for a new or changed use of land or building where no building permit is required shall be made to the Zoning Administrator.
(C) No certificate of occupancy for a building or addition thereto, constructed after the effective date of this chapter, shall be issued until construction has been completed and the premises have been inspected and certified by the Zoning Administrator to be in full and complete compliance with the plans and specifications upon which the zoning certificate was based. No addition to a previously existing building shall be occupied, and no new use of a building in any district shall be established until the premises have been inspected and certified by the Zoning Administrator to be in full compliance with all the applicable standards of the zoning district in which it is located. Pending the issuance of a regular certificate, a temporary certificate may be issued to be valid for a period not to exceed 6 months from its date during the completion of any addition or during partial occupancy of the premises. A certificate of occupancy shall be issued, or written notice shall be given to the applicant stating the reasons why a certificate cannot be issued, not later than 14 days after the Zoning Administrator is notified in writing that the building or premises is ready for occupancy.
(Ord. 2015-08, § 14.05, passed 6-23-2015)
§ 151.205 APPEALS OF ADMINISTRATIVE DECISIONS.
(A) Authority. The Planning and Zoning Commission shall hear and decide appeals from an administrative order, requirement or determination under this chapter, made by the Zoning Administrator.
(B) Initiation and processing.
(1) An appeal may be taken to the Planning and Zoning Commission by any person, firm or corporation, or by any office, department, board, bureau or commission, aggrieved by an administrative order, requirement, decision, or determination under this chapter.
(2) The appeal shall be taken within 30 days of the date of the decision being appealed by filing with the Village Clerk a notice of appeal, specifying the grounds thereof. Such appeal shall be taken upon forms provided by the Planning and Zoning Commission. The Zoning Administrator shall transmit to the Planning and Zoning Commission all the papers constituting the record upon which the action appealed was taken.
(3) An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Planning and Zoning Commission 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 this event the proceedings shall not be stayed unless by a restraining order which may be granted by the Planning and Zoning Commission or by a court of record based on due causes shown.
(4) The Planning and Zoning Commission 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 attorney. The Planning and Zoning Commission may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end has all the power of the officer from whom the appeal is taken. This decision must be supported by written findings of fact.
(C) Appeals.
(1) Appeals of the Planning and Zoning Commission’s decisions may be filed by any person aggrieved by their action. The appeal must be filed with the Zoning Administrator within 15 days of the Planning and Zoning Commission decision.
(2) Upon receipt of a complete appeal application, the Zoning Administrator must forward the appeal to the Village Board.
(3) The Village Board may overturn the decision of the Planning and Zoning Commission only if approved by at least a 3/4 majority vote of the entire Village Board.
(4) Any decisions of the Planning and Zoning Commission not appealed to the Village Board within 15 days of the date of the Planning and Zoning Commission’s decision will be considered a final administrative determination and will be subject to judicial review only in accordance with applicable Illinois Statutes.
(Ord. 2015-08, § 14.06, passed 6-23-2015)
§ 151.206 VARIATIONS.
(A) Intent. Zoning variances (sometimes referred to as variations) are intended as a way to provide relief from practical difficulties or unnecessary hardships resulting from strict application of zoning chapter requirements.
(B) Applicability; authorized variances. The Village Board is authorized to grant a variance to any regulation in this zoning chapter in accordance with the variance procedures of this section, except that the variance procedures may not be used to:
(1) Permit a principal use in a zoning district that is not otherwise allowed in that zoning district (i.e., “use variances” are prohibited);
(2) Waive, modify or amend any definition or use classification;
(3) Waive, modify or otherwise vary any of the review and approval procedures;
(4) Waive, vary, modify or otherwise override a condition of approval or requirement imposed by an authorized decision-making body or the state or federal government; or
(5) Waive, vary or modify applicable “minimum lot area per unit” (density) standards (Note: this provision is not intended to prohibit variances of minimum lot area requirements for individual lots).
(C) Authority to file. Variance applications may be filed by any person, firm, or corporation having a freehold interest, a possessory interest entitled to exclusive possession, or any exclusive possessory interest that is specifically enforceable on the property that is the subject of the proposed variance. Applications may be filed by the property owner (described above) or by the owner’s authorized agent.
(D) Application filing. Complete applications for variances must be filed with the Zoning Administrator. A separate application must be made for each noncontiguous parcel of land.
(E) Review and report — Zoning Administrator. The Zoning Administrator must prepare a report and recommendation that evaluates the proposed variance in light of the standards of division (I) of this section. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed variance.
(F) Notice of hearing.
(1) Newspaper notice. Notice of the Planning and Zoning Commission’s required public hearing on a variance must be published in the newspaper in accordance with § 151.202(D)(5).
(2) Delivered notice. Notice of the Planning and Zoning Commission’s required public hearing must be delivered to the subject property owner and all owners of property in accordance with § 151.202(D)(4).
(G) Hearing and recommendation — Planning and Zoning Commission.
(1) The Planning and Zoning Commission must hold a public hearing to consider the variance request.
(2) Following the close of the hearing, the Planning and Zoning Commission must act by simple majority vote to recommend that the proposed variance be approved, approved with modifications and/or conditions, or denied and transmit its findings and recommendations to the Village Board.
(H) Final action — Village Board.
(1) Upon receipt of the Planning and Zoning Commission’s findings and recommendation, the Village Board may act to approve the proposed variance application, approve the variance with conditions and/or modifications or deny the variance. The Village Board may also return the application to the Planning and Zoning Commission for further consideration, together with a written explanation of the reasons for doing so.
(2) The Village Board is authorized to impose such conditions and restrictions upon the premises benefitted by a variance as the Board determines to be necessary to ensure compliance with the standards of division (I) of this section, to reduce or minimize the effect of the variance upon other properties in the area, and to better carry out the general public and intent of this zoning chapter.
(3) The Village Board may act by a simple majority vote of the entire Village Board.
(4) If no action is taken by the Village Board within 6 months after receipt of the report of the Planning and Zoning Commission, the application is deemed to have been denied.
(I) Standards and review criteria.
(1) No variance may be recommended for approval or approved unless the Planning and Zoning Commission makes both of the following findings based upon the evidence presented:
(a) That the plight of the owner is due to unique circumstances; and
(b) That the variance, if granted, will not alter the essential character of the locality.
(2) For the purpose of supplementing the 2 preceding standards for recommendation for approval, the Planning and Zoning Commission must also weigh and consider the extent to which the following facts, favorable to the applicant, have been established by the evidence presented:
(a) That the particular physical surroundings, shape, or topographical conditions of the subject property results in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;
(b) That the conditions upon which the variance application is based would not be applicable generally to other property within the same zoning classification;
(c) That the purpose of the variance is not based exclusively upon a desire to make more money out of the property;
(d) That the alleged difficulty or hardship was not created by any person presently having an interest in the property;
(e) That the granting of the variance will not be detrimental to the public welfare or unduly injurious to other property or improvements in the neighborhood in which the property is located; and
(f) That the proposed variance will not impair an adequate supply of air to adjacent property, or substantially increase the danger of fire, or otherwise endanger the public safety, or substantially diminish or impair property values within the neighborhood.
(J) Transferability. Approved variances run with the land and are not affected by changes of tenancy, ownership, or management.
(K) Amendments. A request for changes in conditions of approval of variance must be processed as a variance application, including the requirements for fees and notices.
(L) Lapse of approval.
(1) An approved variance will lapse and have no further effect 1 year after it is approved by the Village Board, unless:
(a) A building permit has been issued (if required); or
(b) The use or structure has been lawfully established.
(2) The Village Board is authorized to extend the expiration period for good cause on up to 2 separate occasions, by up to 180 days each. Requests for extensions must be submitted to the Zoning Administrator before the variance expires. No hearings, notices or fees are required for extensions.
(3) A variance also lapses upon revocation of a building permit for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the variance.
(M) Successive applications. In the event that a variance application is denied, no application may be approved for substantially the same variance on substantially the same site for 12 months from the date of denial by the Village Board, unless the Village Board determines that conditions in the area have substantially changed.
(Ord. 2015-08, § 14.07, passed 6-23-2015)
§ 151.207 ZONING ORDINANCE TEXT AMENDMENTS.
(A) Authority to file. Amendments to the text of this zoning chapter may be initiated only by the Village Board or the Planning and Zoning Commission.
(B) Review and report — Zoning Administrator. The Zoning Administrator must prepare a report and recommendation that evaluates the proposed zoning ordinance text amendment in light of the review criteria of division (E) below. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed text amendment.
(C) Notice of hearing. Notice of the Planning and Zoning Commission’s required public hearing on a zoning ordinance text amendment must be published in the newspaper in accordance with § 151.202(D)(5).
(D) Hearing and recommendation — Planning and Zoning Commission. The Planning and Zoning Commission must hold a public hearing on the proposed text amendment. Following the close of the hearing, the Planning and Zoning Commission must act by simple majority vote to recommend that the proposed text amendment be approved, approved with modifications, or denied and transmit its findings and recommendations to the Village Board.
(E) Review criteria. The Planning and Zoning Commission may not recommend approval of a zoning ordinance text amendment unless it finds that the proposed amendment is in the public interest. The Planning and Zoning Commission must make findings based on the evidence presented to it in each specific case with respect to the following matters:
(1) Whether the proposed zoning ordinance text amendment corrects an error or inconsistency in the zoning chapter or meets the challenge of a changing condition; and
(2) Whether the proposed zoning ordinance text amendment is consistent with adopted plans and policies of the village.
(F) Final action — Village Board.
(1) Upon receipt of the Planning and Zoning Commission’s findings and recommendation, the Village Board may act to approve the proposed zoning ordinance text amendment, approve the proposed text amendment with modifications or deny the proposed text amendment. The Village Board may also return the application to the Planning and Zoning Commission for further consideration, together with a written explanation of the reasons for doing so.
(2) Zoning ordinance text amendments may be approved by a simple majority vote of the entire Village Board. However, if a written protest petition (see division (G) of this section) against the proposed zoning ordinance text amendment is signed and acknowledged by at least 10% of the registered voters of the village, at least a 3/4 majority vote of the entire Village Board shall be required for approval.
(3) If no action is taken by the Village Board within 6 months after receipt of the report of the Planning and Zoning Commission, the proposed text amendment is deemed to have been denied.
(G) Protest petitions. A written protest petition opposing a zoning ordinance text amendment must be submitted to the Village Clerk before the Village Board’s vote, allowing sufficient time for the Village Clerk to determine the validity of the petition.
(Ord. 2015-08, § 14.08, passed 6-23-2015)
§ 151.208 ZONING MAP AMENDMENTS (REZONING).
(A) Authority to file. Amendments to the zoning map may be initiated only by the Village Board, the Planning and Zoning Commission or by any other person, firm, or corporation having a freehold interest, a possessory interest entitled to exclusive possession, or any exclusive possessory interest that is specifically enforceable on the property that is the subject of the proposed zoning map amendment. Rezoning petitions may be filed by the property owner (described above) or by the owner’s authorized agent.
(B) Application filing. Complete applications for zoning map amendments must be filed with the Zoning Administrator. A separate application must be made for each noncontiguous parcel of land.
(C) Review and report — Zoning Administrator. The Zoning Administrator must prepare a report and recommendation that evaluates the proposed zoning map amendment in light of the review criteria of division (F) of this section. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed rezoning.
(D) Notice of hearing.
(1) Newspaper notice. Notice of the Planning and Zoning Commission’s required public hearing on a zoning map amendment must be published in the newspaper in accordance with § 151.202(D)(5).
(2) Delivered notice. Notice of the Planning and Zoning Commission’s required public hearing on a zoning map amendment must be delivered to the subject property owner and all owners of property in accordance with § 151.202(D)(4).
(E) Hearing and recommendation — Planning and Zoning Commission. The Planning and Zoning Commission must hold a public hearing on the proposed zoning map amendment. Following the close of the hearing, the Planning and Zoning Commission must act by simple majority vote to recommend that the proposed map amendment be approved, approved with modifications, or denied and transmit its findings and recommendations to the Village Board.
(F) Review criteria. The Planning and Zoning Commission may not recommend approval of a zoning map amendment unless it finds that the proposed amendment is in the public interest and is not solely for the interest of the applicant. The Planning and Zoning Commission must make findings based on the evidence presented to it in each specific case with respect to the following matters:
(1) Existing uses of property within the general vicinity of the subject property;
(2) The zoning classification of property within the general vicinity of the subject property;
(3) The suitability of the subject property for the uses allowed under the existing zoning classification;
(4) The trend of development, if any, in the general vicinity of the subject property, including changes, if any, that may have taken place since the time the subject property was placed in its present zoning classification; and
(5) Consistency (or inconsistency) with the Village Comprehensive Plan.
(G) Final action — Village Board.
(1) Upon receipt of the Planning and Zoning Commission’s findings and recommendation, the Village Board may act to approve the proposed zoning map amendment, approve the proposed zoning map amendment with modifications (e.g., reducing the land area or recommending another zoning classification) or deny the proposed zoning map amendment. The Village Board may also return the application to the Planning and Zoning Commission for further consideration, together with a written explanation of the reasons for doing so.
(2) Zoning map amendments may be approved by a simple majority vote of the entire Village Board, except that in the following cases approval of a zoning map amendment requires at least a 3/4 majority vote of the entire Village Board:
(a) If a written protest petition against the proposed zoning map amendment is signed and acknowledged by:
1. The owners of 20% or more of the land area proposed to be rezoned; or
2. The owners of land immediately touching or immediately across a street, alley, or public right-of-way from at least 20% of the perimeter of the land proposed to be rezoned.
(3) If no action is taken by the Village Board within 6 months after receipt of the report of the Planning and Zoning Commission, the application is deemed to have been denied.
(4) Notwithstanding any other provisions to the contrary, if a zoning map amendment is proposed solely to correct an error made by the village as a result of a comprehensive rezoning, the map amendments may be passed at a Village Board meeting by a simple majority of the entire Village Board.
(H) Protest petitions.
(1) A written protest petition opposing a zoning map amendment must be submitted to the Village Clerk or on the public record before the Village Board’s vote, allowing sufficient time for the Village Clerk to determine the validity of the petition.
(2) When a written protest petition has been submitted, the protest must be served by the protestors upon the applicant and upon the applicant’s attorney, if any, by certified mail at the applicant’s and attorney’s addresses shown on the application.
(I) Successive applications. In the event that a rezoning application is denied, no application may be accepted that proposes reclassification of any of the same property for the same zoning district for 12 months from the date of the previous Planning and Zoning Commission public hearing.
(Ord. 2015-08, § 14.09, passed 6-23-2015)
§ 151.209 SPECIAL USES.
(A) Intent. The special use permit approval procedure of this section is intended to provide a transparent, public review process for land uses that, because of their widely varying design and operational characteristics, require case-by-case review in order to determine whether they will be compatible with surrounding uses and development patterns.
(B) Authority to file. Special use permit applications may be filed by any person, firm, or corporation having a freehold interest, a possessory interest entitled to exclusive possession, or any exclusive possessory interest that is specifically enforceable on the property that is the subject of the proposed special use permit. Applications may be filed by the property owner (described above) or by the owner’s authorized agent.
(C) Application filing. Complete applications for special use permits must be filed with the Zoning Administrator. A separate application must be made for each noncontiguous parcel of land.
(D) Review and report — Zoning Administrator. The Zoning Administrator must prepare a report and recommendation that evaluates the proposed special use in light of the standards of division (H) of this section. The report must be transmitted to the Planning and Zoning Commission before their public hearing on the proposed special use permit.
(E) Notice of hearing.
(1) Newspaper notice. Notice of the Planning and Zoning Commission’s required public hearing on a special use permit application must be published in the newspaper in accordance with § 151.202(D)(5).
(2) Delivered notice. Notice of the Planning and Zoning Commission’s required public hearing on a special use permit application must be delivered to the subject property owner and all owners of property in accordance with § 151.209(D)(4).
(F) Hearing and recommendation — Planning and Zoning Commission.
(1) The Planning and Zoning Commission must hold a public hearing on the special use permit application.
(2) Following the close of the hearing, the Planning and Zoning Commission must act by simple majority vote to recommend that the proposed special use permit be approved, approved with modifications and/or conditions, or denied and transmit its findings and recommendations to the Village Board.
(G) Final action — Village Board.
(1) Upon receipt of the Planning and Zoning Commission’s findings and recommendation, the Village Board may act to approve the proposed special use permit application, approve the special use permit with conditions and/or modifications or deny the special use permit. The Village Board may also return the application to the Planning and Zoning Commission for further consideration, together with a written explanation of the reasons for doing so.
(2) The Village Board is authorized to impose such conditions and restrictions upon the premises benefitted by a special use permit as the Board determines to be necessary to ensure compliance with the standards of division (H) of this section, to reduce or minimize the effect of the special use upon other properties in the area, and to better carry out the general public and intent of this zoning chapter.
(3) The Village Board may act by a simple majority vote of the entire Village Board.
(4) If no action is taken by the Village Board within 6 months after receipt of the report of the Planning and Zoning Commission, the application is deemed to have been denied.
(H) Review criteria and standards. No special use permit may be recommended for approval or approved unless:
(1) The establishment, maintenance, or operation of the special use will not be detrimental to or endanger the public’s health, safety, morals, comfort, or general welfare.
(2) 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 or impair property values within the neighborhood.
(3) Establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
(4) Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will be provided to serve the proposed use.
(5) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(6) The special use in all other respects conforms to the applicable regulation of the district in which it is located, except as such regulations may in each instance be modified by the Village Board pursuant to the recommendation of the Planning and Zoning Commission.
(I) Lapse of approval.
(1) An approved special use permit will lapse and have no further effect 1 year after it is approved by the Village Board, unless:
(a) A building permit has been issued (if required);
(b) A certificate of occupancy has been issued; or
(c) The special use has been lawfully established.
(2) The Village Board is authorized to extend the expiration period for good cause on up to 2 separate occasions, by up to 180 days each. Requests for extensions must be submitted to the Zoning Administrator before the special use permit expires. No hearings, notices or fees are required for extensions.
(3) A special use permit also lapses upon revocation of a building permit for violations of conditions of approval or upon expiration of a building permit to carry out the work authorized by the special use permit.
(4) If any special use is abandoned, or is discontinued for a continuous period of 6 months or more, the special use permit for such use is void, and such use may not be reestablished unless and until a new special use permit is obtained in accordance with the procedures of this section.
(J) Successive applications. In the event that a special use permit application is denied, no application may be approved for substantially the same use on substantially the same site for 12 months from the date of denial by the Village Board, unless the Village Board determines that conditions in the area have substantially changed.
(Ord. 2015-08, § 14.10, passed 6-23-2015)
§ 151.210 SITE PLAN REVIEW.
(B) Applicability. Site plan approval shall be required prior to the issuance of a building permit for all new construction, any additions (building or parking), and the erection of building structures for all development zoned business (B-1, B-3, BT), industrial (I-1 or I-2), R-3, R-4, and all planned unit developments. The following are specifically exempt from site plan review:
(1) Agricultural structures on farmsteads or single-family lots;
(2) One-family and 2-family residential uses; and
(3) Any commercial, office, manufacturing or multi-family refurbishing, renovation, or structural addition that constitutes less than 25% percent of the total square footage of an existing structure.
(C) Application. An application for site plan review shall be filed with the Zoning Administrator. The application shall be accompanied by a nonrefundable fee as established by the Village Board.
(D) Plan submission. One electronic set (PDF) and 8 sets of all site plans shall be submitted to the Zoning Administrator with all required information. The Zoning Administrator shall have discretion to accept a reduced number of copies of such plans provided at least 3 full-size sets are provided. The plan shall be considered as submitted only when all information, documentation and fee requirements are met. All site plans shall be drawn to scale. The site plan submission packet shall contain the following:
(1) Property owner’s name, address and phone number;
(2) The developer’s name, address and phone number (if different from property owner);
(3) Name, address and phone number of architect, land planner, engineer, surveyor or consulting firm (with contact person listed) who is responsible for compiling the plan;
(4) A complete legal description of the subject property;
(5) Date of plan preparation and/or revision;
(6) North arrow and graphic scale;
(7) Current zoning/requested zoning (if a change is desired);
(8) Illustration of proposed site conditions, including:
(a) Existing topography graphically represented via contour lines of 2-foot intervals, extending 20 feet surrounding the subject site;
(b) Location and extent of water bodies, wetlands, streams and floodplains on or adjacent to the subject site;
(c) Sidewalks, curbing and drainage structures;
(d) Stormwater detention/retention areas. Method of computing drainage requirements shall be consistent with those specified in the village subdivision regulations;
(e) Floor area for building footprint and gross floor area of structure, building height and number of stories;
(f) Parking, loading, drive aisles, drive-up aisles, driveway access, refuse disposal, and computation of required parking spaces;
(g) Grading/drainage plans, including contours and elevations;
(h) Erosion control plan for any proposed detention or retention area;
(i) Utility plans indicating location of water and sanitary sewer service lines, including size and type of pipe and all other information such as hydrants and clean-outs as may be required by the Village Engineer; and
(j) Lighting plans, including type of fixtures, height and location.
(E) Procedure for review of site plans.
(1) Plan Review Committee created.
(a) To provide for the review of planned unit development and site plan applications, a Plan Review Committee is hereby established. This Plan Review Committee shall consist of the Zoning Administrator, the chairperson of the Planning and Zoning Commission, the Mayor, the Village Engineer, and any other village consultants or staff as determined appropriate by the Zoning Administrator. No quorum is required to conduct a Plan Review Committee meeting.
(b) The Plan Review Committee shall meet as needed. At least 1 week prior to any such meeting, the Zoning Administrator shall submit copies of all pending applications to committee members. The Zoning Administrator will be responsible for documenting suggestions made at committee meetings and forwarding comments to the Plan Review Committee and the applicant.
(2) Optional pre-application meeting.
(a) Before submitting a complete application and receiving written feedback, the applicant may request a pre-application meeting with the Zoning Administrator.
(b) The purpose of the pre-application meeting is to provide the applicant with a preliminary review of his or her proposal and to identify whether the site plan or other proposed improvement plans, if any, appear to provide sufficient detail to determine compliance with the provisions of this zoning chapter and all other applicable village standards and ordinances.
(3) Site plan filing and decision.
(a) All site plans which are appropriately submitted and conform to standards and regulations set for in this section shall be filed with the Village Zoning Administrator. The Zoning Administrator shall submit a complete copy to each member of the Plan Review Committee.
(b) The site plan will then be reviewed by the Plan Review Committee, who will approve, approve with conditions, or deny the proposed plan within 30 days following receipt of such site plan from the Zoning Administrator. This time limit may be extended with consent of the applicant when plan revisions are requested prior to approval. The Plan Review Committee’s decision shall be based upon substantial compliance with the provisions of this chapter. The applicant may appeal any decision of the Plan Review Committee to the Village Board for a final decision. The Zoning Administrator shall prepare a letter summarizing Plan Review Committee decisions and provide a copy to the applicant.
(4) Revocation. When a site plan has been approved by the Plan Review Committee and when no substantial construction work is initiated within 1 year from the date of approval, then, without further action by the village, such site plan approval shall become null and void.
(Ord. 2015-08, § 14.11, passed 6-23-2015)
§ 151.211 VIOLATIONS, PENALTIES AND ENFORCEMENT.
(A) Responsibility for enforcement. The Zoning Administrator is responsible for enforcing this zoning chapter, except as otherwise expressly stated.
(B) Violations. Unless otherwise expressly allowed by this zoning chapter or state law, any violation of a provision of this zoning chapter – including but not limited to all of the following – may be subject to the remedies and penalties provided for in this zoning chapter.
(1) To use land or buildings in any way not consistent with the requirements of this zoning chapter;
(2) To erect a building or other structure in any way not consistent with the requirements of this zoning chapter;
(3) To install or use a sign in any way not consistent with the requirements of this zoning chapter;
(4) To engage in the use of a building or land, the use or installation of a sign, or any other activity requiring 1 or more permits or approvals under this zoning chapter without obtaining such required permits or approvals;
(5) To engage in the use of a building or land, the use or installation of a sign, or any other activity requiring 1 or more permits or approvals under this zoning chapter in any way inconsistent with any such permit or approval or any conditions imposed on the permit or approval;
(6) To violate the terms of any permit or approval granted under this zoning chapter or any condition imposed on the permit or approval;
(7) To violate any lawful order issued by any person or entity under this zoning chapter; or
(8) To continue any violation after receipt of notice of a violation.
(C) Continuing violations. Each week that a violation remains uncorrected after receiving notice of the violation from the village constitutes a separate violation of this zoning chapter.
(D) Remedies and enforcement powers. The village has all remedies and enforcement powers allowed by law, including the following:
(1) Withhold permit.
(a) The Zoning Administrator may deny or withhold permits, certificates or other forms of authorization on any land or structure or improvements upon which there is an uncorrected violation of a provision of this zoning chapter or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the village. This enforcement provision may be used regardless of whether the current owner or applicant is responsible for the violation in question.
(b) The Zoning Administrator may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned by or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this zoning chapter or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the village. This enforcement provision may be used regardless of whether the property for which the permit or other approval is sought is the property in violation.
(c) The Zoning Administrator may deny or withhold temporary use permits on any land or structure or improvements owned or being developed by a person who owns, developed or otherwise caused a violation of a previous temporary use permit. Enforcement provision may be used regardless of whether the property for which the temporary use permit sought is for the property on which the previous violation occurred.
(2) Permits approved with conditions. Instead of withholding or denying a permit or other authorization, the Zoning Administrator may grant such authorization subject to the condition that the violation be corrected.
(3) Revoke permits.
(a) Any permit, certificate or other form of authorization required under this zoning chapter may be revoked by the Zoning Administrator when the Zoning Administrator determines:
1. That there is departure from the plans, specifications, or conditions as required under terms of the permit;
2. That the development permit was procured by false representation or was issued by mistake; or
3. That any of the provisions of this zoning chapter are being violated.
(b) Written notice of revocation must be served upon the owner, the owner’s agent or contractor, or upon any person employed on the building or structure for which such permit was issued. If no persons can reasonably be served with notice, the notice must be posted in a prominent location. After delivery or posting of notice, no construction or development may proceed.
(4) Stop work. With or without revoking permits, the Zoning Administrator may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this zoning chapter or of a permit or other form of authorization issued under the zoning chapter.
(5) Revoke plan or other approval. Where a violation of this zoning chapter involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the Zoning Administrator may, upon notice to the applicant and other known interested parties (including any holders of building permits affected):
(a) Revoke the plan or other approval; or
(b) Condition its continuance on strict compliance with this zoning chapter or the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the Zoning Administrator may reasonably impose.
(6) Injunctive relief. The village may seek an injunction or other equitable relief in court to stop any violation of this zoning chapter or of a permit, certificate or other form of authorization granted under the zoning chapter.
(7) Forfeiture and confiscation of signs on public property. Any sign installed or placed on public property, except in compliance with the regulations of this zoning chapter, may be forfeited to the public and subject to confiscation. In addition to other remedies and penalties of this section, the village has the right to recover from the sign owner or person who placed the sign, the full costs of sign removal and disposal.
(8) Abatement. The village may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.
(9) Other penalties, remedies and powers. The village may seek such other penalties as are provided by state law.
(E) Continuation of previous enforcement actions. Nothing in this zoning chapter prohibits the continuation of previous enforcement actions, undertaken by the village pursuant to previous valid ordinances and laws.
(F) Remedies cumulative. The remedies and enforcement powers established in this zoning chapter are cumulative, and the village may exercise them in any combination or order.
(G) Persons subject to penalties. The owner or tenant of any building, structure, premises, or part thereof, and any architect, builder, contractor, or agent, or other person who commits, participates in, assists in, or maintains such violations may each be found guilty of a separate offense and be subject to penalties, remedies and enforcement actions.
(H) Enforcement procedures.
(1) Non-emergency matters. In the case of violations of this zoning chapter that do not constitute an emergency or require immediate attention, the Zoning Administrator must give notice of the nature of the violation to the property owner or to any other person who is party to the agreement or to any applicant for any relevant permit in the manner stated in this section, after which the persons receiving notice have 10 days to correct the violation before further enforcement action may be taken. Notice must be given in person, by U.S. mail, or by posting notice on the premises. Notices of violation must state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not be corrected.
(2) Emergency matters. In the case of violations of this zoning chapter that constitute an emergency situation as a result of public health or safety concerns or violations that will create increased problems or costs if not remedied immediately, the village may use the enforcement powers available under this zoning chapter without prior notice, but the Zoning Administrator must attempt to give notice simultaneously with beginning enforcement action. Notice may be provided to the property owner, to any other person who is party to the agreement and to applicants for any relevant permit.
(3) Appeals. Enforcement actions taken by the Zoning Administrator may be appealed by the affected party to the Planning and Zoning Commission in accordance with § 151.205.
(Ord. 2015-08, § 14.12, passed 6-23-2015)